Reviews the constitutions of several western states that provide an absolute barrier between religion and public education. Asserts that these laws were passed after the Civil War when concern about minority religious influence in some states was high. Maintains that these state laws may be the next battleground in the ongoing controversy about…

Examines the philosophical and judicial conflicts on the U.S. Supreme Court between justices Douglas and Frankfurter. Traces their disagreements citing specific court cases. States they represented judicial activism and judicial restraint. Concludes it is possible that the country benefited from the philosophical tensions and debates generated by…

The legal parameters concerning how and when to properly graduate special education students are examined, through review of the United States Constitution, the Rehabilitation Act, the Education of All Handicapped Children Act, and subsequent case law. Recommendations on how school districts can properly terminate services are also presented.…

This paper evaluates the Shannon versus Bepko case in which a university employee filed suit in federal court against four individuals in their official capacities as employees of Indiana University-Purdue. Defendants claimed the eleventh amendment barred actions against them in their official capacities. (DB)

Canadian public education has become secularized. Although the Charter's language on freedom of conscience and religion prohibits religious indoctrination in schools, it does not proscribe education about religion. Generally, Canadian courts have followed and accepted American developments in this regard but have avoided byzantine judgments on…

In considering the suspension of three Des Moines students for wearing armbands to protest the Vietnamese War, the U.S. Supreme Court held that public school officials' prohibition of student expression violates the First Amendment. This article reviews this landmark case, employing interviews with the plaintiffs' and district's lead counsels.…

In 1998, the Wisconsin State Supreme Court reversed the decision of the appellate court and ruled that the amended Milwaukee Parental Choice Program (MPCP) did not violate the Establishment Clause or the Wisconsin Constitution. Examines the constitutionality of vouchers for both secular and sectarian private schools, as well as the policy…

Maintains that the principle of self-restraint that has marked the amending practices since the creation of the U.S. Constitution may be in danger of being forgone. Offers eight standards developed by the Citizens for the Constitution that are designed to weigh the desirability of proposed amendments. (CMK)

Provides a concise and informative overview of the civil justice system. Examines various components and issues including the federal and state court systems, differences between civil and criminal law, background in common law, types of civil law, civil procedure, and the effect and implementation of civil law in everyday life. (MJP)

The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)

A mother in rural Illinois who demonstrated against a dress-code policy at a school board meeting by brandishing a toy gun was banned from future school activities and filed suit. Courts upheld the board's policy of imposing reasonable restrictions on time, place, and manner of free speech. (MLH)

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

Canadian public school boards still discriminate against homosexual educators. In British Columbia and Manitoba, recent court challenges raise questions about disciplining educators on the basis of sexual orientation and discussion of homosexuality in the classroom. Employment sanctions based on sexual orientation alone violate basic human and…

When the movement for "English Only" began some years ago, the author told participants at a bilingual education workshop that he was against it. He was rendered momentarily mute because he had thought that the English Only proponents could not curtail the freedom of expression guaranteed by the U.S. Constitution. The way he understood…

The line between public and private expression of religion requires balancing the constitutional guarantee of the free exercise of religion and the constitutional prohibition against the establishment of religion. Public schools, as government entities, and the teachers in them are allowed neither to inhibit the free exercise of religious…