Explores the residential placement provision of the regulations accompanying the Education for All Handicapped Children Act. Describes federal court interpretations, analyzing the criteria for distinguishing a special education residential placement from a noneducational residential placement. Suggests that courts should construe the residential…

Student-on-student violence raises important issues about how students can use the courts to redress the wrongs they suffer. Some victims file a claim in Federal court under Section 1983 of Title 42 of the United States Code. Examines three theories of liability under Section 1983 as they relate to violence among students in public schools. (MLF)

The Supreme Court's 1992 decision on desegregation in state higher education systems is criticized for lacking force and creating confusion. The ruling encourages states to support historically black colleges by adding academic programs. Some feel the ruling will not help most black students, who are enrolled in predominantly white institutions.…

The Department of Education's announcement of new policy concerning the evaluation of college desegregation efforts could affect the monitoring of compliance in several states in which court-ordered desegregation plans have expired. The higher standards are based on the 1992 Supreme Court ruling, United States v. Fordice. (MSE)

Because school lockers are potential hiding places for weapons and drugs, some schools are eliminating them. Searching student lockers on a random basis raises legal questions. Examines the legality of random locker searches based upon the guidelines for student searches set forth by the Supreme Court in "New Jersey v. T.L.O." and lower…

Explores the background of the "Lee" case, in which the Supreme Court, by a 5-4 decision, declared that graduation prayers violated the Establishment Clause of the First Amendment. Cites implications of the Supreme Court for future Establishment Clause cases. (54 footnotes) (MLF)

Takes issues with Gregory Hauser's previous article positing a constitutional right of social fraternities to formal recognition at public institutions of higher education. Reanalyzes each of the associational cases cited by Hauser, cites additional cases, adds a waiver argument, and wraps up with a public policy comparison of higher education…

A federal judge has ruled that 23 prestigious colleges and universities in the Overlap Group violated federal antitrust laws for over 20 years when they met to compare financial-aid packages to be awarded to prospective students, rejecting arguments of social and educational need and nonapplicability of antitrust law. Massachusetts Institute of…

Analyzes U.S. Supreme Court decisions as speech acts to determine how the opinions communicate the legitimacy of the court's decisions and secure the consensus of the discourse community, investigating such aspects as institutional context, the adversarial context of legal communication, the grammar of conflict, and the rhetoric of discovery. (64…

In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…

The Justice Department restated and clarified its position in a landmark higher education desegregation case to be heard in the Supreme Court, providing a substantial boost to Black-college supporters. The new brief explicitly affirms federal government support for historically Black colleges, calling them a vital component of U.S. higher…

An introduction by Hugh D. Jascourt and this article analyze the effects of the United States Supreme Court ruling in "Lehnert v. Ferris Faculty Association." Addresses the effect of the decision on fair-share-fee provisions in collective-bargaining agreements and its application to public-sector employees, particularly teachers. (50…

Contends that the United States Supreme Court ruling in "Lehnert v. Ferris Faculty Association" leaves unanswered many questions as to what activities of exclusive collective-bargaining representatives are and are not chargeable to dissenting nonmembers of the organization. Reviews past precedent and forecasts further court litigation.…

Traces legislative history of the Equal Access Act of 1984 and the United States Supreme Court Justices' reasoning in the "Mergens" decision. At least six justices seem to agree that the proper Establishment Clause doctrine is that government can accommodate religion so long as its accommodation is neutral. (MLF)

The United States Court of Appeals for the Fourth District, although stopping short of ordering the Virginia Military Institute (VMI) to admit women, ordered VMI to implement a program which comports with the requirements of equal protection. Offers an analysis of the Fourth Circuit's ruling, a discussion of important educational questions, and a…