The two major areas of litigation concerning collective bargaining are challenges to arbitrability and to arbitrators' awards and contests over the scope of bargaining. As these topics indicate, there is currently more dispute over the differences the parties have in carrying out their bilateral relationship in bargaining than over the existence…

This paper discusses Congressional and judicial attempts to deal with the problem of employment practices which lead to discriminatory outcomes but which may not be discriminatory in intent. The use of paper and pencil tests as standards for hiring and promotion is focused on as an example of this type of employment practice. An historical account…

Following "Tinker vs. Des Moines Community School District," the United States Supreme Court decision that assured First Amendment rights to secondary school students and teachers, California began experimenting with statutory guarantees of free expression for students at the high school and community college levels. Decisions issued by…

The Supreme Court's controversial "community standards" ruling in "Miller v. California" (1973) states that for materials to be judged obscene, they no longer need to be "utterly without redeeming social value," but must lack serious literary, artistic, political or scientific value, and that the question of…

In Wood v. Strickland, the Supreme Court held that a school board member is not immune from liability for damages if he knew, or reasonably should have known, that the action he took within his sphere of official responsibility would violate the constitutional rights of the student affected; or, if he took the action with the malicious intention…

The fifth in the Legal Problems of Education Series, this book deals with school board operation in relation to the legal problems surrounding de facto segregation and collective bargaining. The legal problems reviewed and discussed are organized into six chapters dealing with records, procedures, remedies against school board members,…

The purpose of this study was to determine the congruence of practices of the student press with the developing body of judicial law. A questionnaire was submitted to a random sample of principals, faculty advisors, and student editors in New York State high schools. The questionnaires were analyzed in terms of the legal criteria previously…

The Supreme Court broadened freedom of expression for high school and college students in its landmark decision of 1969, "Tinker vs Des Moines Independent School District.""Tinker" is significant in that it affirmed the Court's protection of free speech unless such expression is likely to produce "clear and present…

United States district judges have, regardless of their personal views the awesome assignment of forcing compliance with the Supreme Court's 1954 school segregation decisions. In the District of Columbia and in the border states of Missouri, Oklahoma, West Virginia, Delaware, and Maryland, for the most part authorities have completed, or are…

The author claims that one of the results of the pressure put on broadcasting to increase its availability as a discussion forum is the development of "counteradvertising," editorial advertising that involves the broadcasting of opinion on controversial issues. This is an outgrowth of the FCC ruling that broadcasters provide free time…

Describes President Carter's tuition relief proposal for middle class students, some findings on the lack of awareness of the democratic process by young students, and the federal government's efforts to increase school-desegregation in publicly supported universities. (RK)

Immunity to prosecution afforded to units and agencies of state government under the eleventh amendment is discussed as it applies to public colleges and universities called as defendants in federal court actions. (MSE)

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

Administrators at several public institutions have filed complaints with state labor relations boards, claiming that their faculty have managerial status and should be barred from collective bargaining, as in a 1980 Supreme Court case concerning the private Yeshiva University. (MSE)

Contends that academic freedom in terms of its common and constitutional meaning is clearly and narrowly bounded. Focuses on the academic freedom of individual college and university faculty members based on the Constitution. Finds that court decisions favor the institution rather than the faculty member. (MLF)