Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…

It is suggested that the question posed by DeFunis v. Odegaard and like cases is not whether preferential admissions policies are within the competence of a legislature, but whether they are valid when adopted by a university without explicit legislative sanction. Available from: University of Chicago Law School, 1111 E. 60th St., Chicago, Ill.…

Teachers should seek the help of local or state associations in questions of unfair treatment, since constitutional rights do not cease to exist when signing a teaching contract. (MB)

Examines Supreme Court decisions in two cases (Mississippi University for Women v. Hogan, United States v. Virginia), addressing the constitutionality of single-sex public colleges. Describes a tool for evaluating equality (the "capability approach") that fills out and lends clarity to underdeveloped aspects of the Court's inquiry. The…

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…

Addresses litigation launched by a wealthy school district against the Alberta (Canada) Ministry of Education, regarding legislation to increase fiscal equity among school systems. Reviews the concept of fiscal equality, financial plans to achieve this goal, and the Alberta funding structure. Describes proposed changes to the School Act. The…

Provides historical information on religious freedom within the United States and the meaning of constitutional order. Discusses how different religious minority groups, such as the Jehovah's Witnesses, the Church of Jesus Christ of Latterday Saints, and the Native Americans, used strategies of balance to abide by the constitutional order. (CMK)

Focuses on two U.S. Supreme Court cases involving unreasonable searches and seizures: (1) Kyllo v. United States, No. 99-8508; and (2) Indianapolis v. Edmond, No. 99-1030. Includes information about the first case and the basis and decision of the second case. (CMK)

In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)

Explores U.S. Supreme Court rationale in judging the constitutionality of affirmative action cases and why the theory used in its decisions is at odds with the formal theory and research on social psychology of affirmative action procedures. The scientific work indicates procedural conditions that the Court would find social psychologically…

In October 1996, the Illinois Supreme Court affirmed lower court decisions and dismissed a lawsuit claiming that the state's public school funding system violated the Illinois constitution. This decision ended a six-year battle to reform the state's school funding system. The courts found no constitutional issues in the case because education has…

In Ontario, Canada, the 19th-century educational imperative of indoctrinating public school students in a common Christianity became intolerable, given the province's increasingly pluralistic population. Most vestiges of religious practice and instruction have been swept from public schools. Religious minorities' preference for a unitary,…

Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

Describes legal issues involving use of school facilities by noncurricular groups such as the Girl Scouts, a student chess club, or a community gardening club. Discusses three Supreme Court cases on the subject: "Westside v. Mergens" (1990), "Lamb's Chapel v. Center Moriches Union-Free School District" (1993); and "Good…

Examines the constitutionality of public school personnel organizing prayers at extracurricular events and of using ceremonial prayers, invocation, and benedictions at school activities. Reviews court litigation and Supreme Court decisions that use the Establishment Clause and Lemon test to determine legality. Finds, in most cases, that prayer at…