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Klepper, William M.; Bakken, Timothy – NASPA Journal, 1997
Reviews the history of First Amendment rulings as they relate to speech codes and of other regulations directed at the content of speech. A case study, based on an experience at Trenton State College, details the legal constraints, principles, and practices that Student Affairs administrators should be aware of regarding such situations.…
Descriptors: Case Studies, College Students, Constitutional Law, Federal Legislation

Kuehn, Phyllis A.; And Others – Educational Measurement: Issues and Practice, 1990
Implications of court interpretations of job analysis as a basis for testing are assessed for teacher certification tests. Cases reviewed address the 1978 "Uniform Guidelines on Employee Selection Procedures," the fourteenth amendment, Title VII of the 1964 Civil Rights Act, and content validity issues. (TJH)
Descriptors: Civil Rights Legislation, Constitutional Law, Content Validity, Court Litigation

Hulting, Patricia – Religion & Public Education, 1989
Responding to student recitation of the Lord's Prayer at a high school graduation, recounts how religious differences can create difficulties and discomfort for students in public schools. Argues the right of the minority must be protected from a majority who wishes to promote their religious beliefs at taxpayer expense. (DB)
Descriptors: Civil Rights, Commencement Ceremonies, Constitutional Law, Higher Education

Nicholanco, Edward – Update on Law-Related Education, 1989
Using a simulation of the constitutional procedures on appointment of U.S. Supreme Court justices, illustrates how the separation of powers established by the Constitution affects all three branches of government. Provides an outline of the simulation procedure, a lesson plan, and a brief bibliography. (LS)
Descriptors: Constitutional Law, Court Judges, Federal Courts, Governmental Structure

Phillips, James – Update on Law-Related Education, 1989
Examines the role of the friend of the court, ("amicus curiae"), by discussing the filing of a brief in a drug testing case currently under consideration by the U.S. Supreme Court. Explores the issue of drug testing for employment; suggests possible outcomes; and provides 10 discussion questions for use with students. (KO)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Employment Qualifications

Sears, Jim; And Others – Teaching Exceptional Children, 1989
Criminal suspects who are mentally retarded frequently are unable to understand or take advantage of their constitutional rights. Students should receive instruction concerning their rights. Through mock arrest situations, they should be taught to request an attorney, as a cued response reaction to being taken into custody. (JDD)
Descriptors: Civil Rights, Constitutional Law, Criminal Law, Criminology

Vile, John R. – West's Education Law Reporter, 1989
Summarizes court cases bearing on religion in the school setting and the use of the three-part "Lemon" test in Establishment Clause cases; and examines a Louisiana District Court decision that affirmed the action of a school principal prohibiting a religiously oriented valedictory address. (MLF)
Descriptors: Commencement Ceremonies, Constitutional Law, Court Litigation, Federal Courts

Bruno, Robert J. – West's Education Law Reporter, 1989
Voucher plans that involve payments of tax funds to private schools are suspect on both constitutional and public policy grounds. Analyzes the constitutional issues raised by a recent attempt at voucher legislation in Minnesota. (MLF)
Descriptors: Catholic Schools, Constitutional Law, Educational Vouchers, Parochial Schools
Jaschik, Scott – Chronicle of Higher Education, 1995
In a University of Virginia court case on denial of university funds for publication of a student Christian newspaper, 23 organizations have filed briefs on 1 side or the other, all highlighting difficult constitutional issues concerning freedom of speech and separation of church and state. Excerpts from four briefs are presented. (MSE)
Descriptors: College Students, Constitutional Law, Court Litigation, Financial Support
Comstock-Gay, Stuart – Wilson Library Bulletin, 1995
An explicit, nondiscriminatory code of conduct that is based on due process standards, and the enforcement of relevant laws can constitutionally address offensive behavior problems in libraries. (AEF)
Descriptors: Behavior Problems, Behavior Standards, Constitutional Law, Due Process

Campbell, Colin D.; Fischel, William A. – National Tax Journal, 1996
A theory that urges judges to decide that locally financed school systems are unconstitutional holds that courts must implement reforms because the legislative process is dominated by property-rich communities. However, the defeat of a New Hampshire gubernatorial candidate who advocated such reforms contradicts the theory. (JOW)
Descriptors: Constitutional Law, Court Judges, Educational Equity (Finance), Educational Finance

Kilby, Pamela A. – Journal of College and University Law, 1995
The argument that universities have the right to exploit faculty work products as "works made for hire" is examined in light of recent Supreme Court cases on copyright law and the First Amendment. It is concluded that, despite the seemingly broad sweep of the work for hire provision, this provision of the Copyright Law cannot be…
Descriptors: Academic Freedom, College Administration, College Faculty, Constitutional Law
Brannan, Patricia A.; Kohrman, Daniel B. – West's Education Law Quarterly, 1995
Reviews the Supreme Court decisions under the following subjects: (1) special education; (2) religion and public education; (3) employment and labor; (4) elections and voting rights; (5) freedom of speech; (6) Title IX and other issues of school district liability and immunity; and (7) cases to be decided next term. A list of cases and statutes…
Descriptors: Constitutional Law, Court Litigation, Court Role, Disabilities
Jaschik, Scott – Chronicle of Higher Education, 1995
A Supreme Court ruling found that federal programs or policies based on race must meet a legal test of strict scrutiny, requiring the program to demonstrate a compelling government interest and be narrowly tailored. Legal experts suggest that few federal affirmative action programs currently meet the standard. (MSE)
Descriptors: Affirmative Action, Compliance (Legal), Constitutional Law, Court Litigation

Baida, Andrew H. – Journal of College and University Law, 1992
A review of court litigation and federal regulatory action explores the prevalence of discrimination in higher education, and it is suggested that race-exclusive scholarships can be used and defended as a means of eliminating vestiges of discrimination that hinder the access of minorities to postsecondary educational opportunities. (Author/MSE)
Descriptors: Access to Education, Constitutional Law, Court Litigation, Federal Regulation