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Glasser, Ira – American School Board Journal, 1992
By law and example, school boards must govern within scope of Bill of Rights. Cites West Virginia State Board of Education v Barnette, in which Supreme Court in 1943 upheld two Jehovah's Witness children's right to refuse to participate in daily flag salute ceremony. Urges schools to teach students principles of democracy and also of individual…
Descriptors: Board of Education Role, Constitutional Law, Court Litigation, Democracy
Gibbs, Annette – Business Officer, 1991
Although religious beliefs of college students opposing abortion may be sincere, they must yield to the institution's need to decide what programs will serve the entire student body's needs. When the Supreme Court rules on a challenge to allocation of mandatory student fees, it will apply principles of religious freedom. (MSE)
Descriptors: Abortions, College Administration, Constitutional Law, Court Litigation
Peer reviewed Peer reviewed
Martel, Erich – OAH Magazine of History, 1992
Presents a lesson on the Gulf of Tonkin incident during the Vietnam War and the resulting Tonkin Gulf Resolution. Recommends using the resolution as a way of studying the war making powers of the U.S. presidency. Includes excerpts from the Tonkin Gulf Resolution as student readings. (CFR)
Descriptors: Asian History, Constitutional Law, Diplomatic History, Foreign Countries
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Harris, Phillip H. – West's Education Law Reporter, 1991
The Supreme Court, in an upcoming case "Lee v. Weisman," will rule on whether prayer may be offered out loud at a public school graduation program. Argues that past court decisions have interpreted the Establishment Clause of the First Amendment over the Free Speech Clause of that same amendment. (57 references) (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
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Metzger, Walter P. – Journal of College and University Law, 1993
Discussion of trends concerning academic freedom compares the limits to academic freedom traditionally rooted in professional ethics and applied by the academic profession with the areas of protection prescribed by courts. It is concluded that even when generous, rulings have not necessarily been in the best interest of the academy. (MSE)
Descriptors: Academic Freedom, College Administration, College Faculty, College Role
Brown, Frank; Russo, Charles J. – School Business Affairs, 1999
Reviews single-sex schools' history and legal status. Explores constitutional dimensions of gender-based discrimination delineated in five leading cases (in Philadelphia, New York City, Detroit, Mississippi, and Virginia). Due to claims of Equal Protection Clause and/or Title IX violations, such schools are unlikely to proliferate. (20 references)…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Equal Education
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Finkelman, Paul – Update on Law-Related Education, 1999
Compares the impeachment proceedings in the trials of Andrew Johnson, Richard Nixon, and Bill Clinton. Categorizes an impeachable offense as one that threatens the safety of the country, either as treason or bribery. Asserts that President Clinton did not violate the Constitution and therefore should not have been impeached. (CMK)
Descriptors: Constitutional Law, Court Litigation, Evidence (Legal), Government (Administrative Body)
Zirkel, Perry A. – Phi Delta Kappan, 2000
Discusses a 2000 federal trial court decision upholding a Kentucky district's termination of a tenured teacher who presented a curricular segment on industrial hemp as part of a "save-the-trees" unit. The decision underscores teachers' severely limited constitutional rights in the curricular context. (MLH)
Descriptors: Constitutional Law, Court Litigation, Curriculum, Due Process
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Weisenberger, Clay – Journal of Law and Education, 2000
Examines message T-Shirts as a medium for student expression and the ability of public schools to regulate those messages. Predicts that as violence and insolence increase in schools, courts will probably continue to defer to school authorities and let them handle their own problems. (77 footnotes). (MLF)
Descriptors: Constitutional Law, Court Litigation, Dress Codes, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 1998
Lays out the basic requirements of a sound antigang symbol policy. Discusses ways in which a school board can develop a sound policy that prohibits the wearing or display of gang-related symbols without overstepping constitutional boundaries. (LMI)
Descriptors: Constitutional Law, Court Litigation, Dress Codes, Due Process
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Byer, Robert – Update on Law-Related Education, 1997
Briefly reviews the historical development of civil procedure (the rules that dictate how a civil case can proceed through the courts) and identifies some of its main components. Discusses procedures such as subject matter jurisdiction, personal jurisdiction, venue, discovery, motions practice, pleadings, pretrial conference, and trials. (MJP)
Descriptors: Citizenship Education, Civics, Civil Law, Compliance (Legal)
Brown, Frank – School Business Affairs, 2001
Focus of school-finance litigation has shifted from equity to adequacy. Discusses two recent North Carolina school-finance cases dealing with the concept of educational adequacy: "Leandro," decided by the North Carolina Supreme Court in 1997, and "Hoke County Board of Education," decided by the Wake County Superior Court in…
Descriptors: Constitutional Law, Court Litigation, Data Collection, Educational Equity (Finance)
Peer reviewed Peer reviewed
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Timar, Thomas – Peabody Journal of Education, 2005
In August 2000, the American Civil Liberties Union filed a class-action lawsuit on behalf of school children against the state of California. The suit, Williams v. State of California, alleged that the state failed to exercise its constitutional obligation to provide equal access to education for all students in the state by allowing deficient…
Descriptors: Access to Education, Court Litigation, Educational Equity (Finance), Policy Analysis
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Landman, James H. – Social Education, 2005
We often hear that democracy is not a spectator sport. This is certainly true of trial by jury, a cornerstone of our democracy, which depends on the willingness of Americans from all walks of life to devote themselves to the difficult work of determining another person's guilt or innocence of a crime. But the work of those citizens selected to…
Descriptors: Court Litigation, Mass Media Effects, Justice, Constitutional Law
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MacKay, A. Wayne; Burt-Gerrans, Janet – McGill Journal of Education, 2005
The authors begin with a discussion of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its…
Descriptors: Educational Environment, School Safety, Freedom of Speech, Violence
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