Even though the first citizens of the United States were skeptical about singular authority, the Constitution gave the president independent authority and strong powers. But as chief executive, he would be responsible to the people for the exercise of those powers. The modern presidency is a product of 200 years of growth and experience, yet much…

Supreme Court Justice Antonin Scalia has been labeled an "enemy of the press" for his judicial opinions restricting or inhibiting the press's right to protected opinion. However, examination of his record suggests that his rulings do not constitute such a threat to journalistic freedom as many have been led to believe. His opinions…

The first of two parts of this document presents a statement from the American Society of Journalists and Authors which briefly traces the history of censorship from the fourth century B.C. to the present. The second part is a list of resources on censorship and censorship-related materials that are available from the following First Amendment…

The new and immense task that awaits the judiciary of Canada is to decide what limitations, if any, ought to be imposed upon freedom of expression as protected in the new Canadian Constitution with an entrenched Charter of Rights. The area of civil libel law provides special problems related to free speech and press. One source of help for…

In a 1974 Yale Law School address, United States Supreme Court Justice Stewart stated that the institutional press, as far as the Constitution is concerned, is autonomous and may publish what it knows and may seek to learn what it can. He also noted that the Court had rejected the Constitutional claim of a journalist's privilege not to reveal a…

Specific reference is made in the Constitution of the United States to the need for protection of intellectual property rights. Later, Madison explored the problem again in the "Federalist" and in a letter to Thomas Jefferson. The present-day argument against protection of these individual rights is not directed against the government's…

In "Goss v. Lopez," the Supreme Court held that students have a right to a free public education, which cannot be taken away by school officials through suspensions, even temporarily, without due process of law. In "Wood v. Strickland," the Court further extended students' rights by ruling that, in the context of school…

Chapter 5 of a book on school law, this chapter reports the cases decided during 1979 involving tort claims in the schools. The cases are organized according to headings including negligence (with an emphasis on student injuries), educational malpractice, negligence defenses (especially common law and statutory immunity), liability insurance,…

The agreement of the National Commission on New Technological Uses of Copyrighted Works (CONTU) with the legislative intent of the new copyright law, which accords copyright protection for computer data bases equivalent with the protection accorded compilations in traditional hard-copy format, includes several problem areas: (1) What copyright…

The Software Subcommittee of the National Commission on New Technological Uses of Copyrighted Works (CONTU) has proposed some changes in the new copyright law to provide specific protection for computer programs. The rationale for this recommendation includes (1) the necessity for some form of protection to encourage the creation and broad…

Numerous cases in this year's chapter dealt with the same topics of previous years--contracts and bids for building construction, and detachment and annexation of a portion of a school district. The courts continued to attribute board discretionary authority to school boards in school property matters. Intergovernmental disputes over ownership or…

Demonstrating the fact that the United States recognizes tribal groups (American Indians, Eskimos, and/or Aleuts) as sovereign bodies and conducts business and civil affairs with them accordingly, this paper examines an area in U.S. Law that is either unclear or entirely lacking--the treatment of tribal right to ownership or control of the…

Supreme Court decisions, New York State laws, and Fleischmann Commission findings all determine how New York may aid nonpublic schools. The Supreme Court has upheld a New Jersey law permitting reimbursement to parents for transportation of children attending sectarian schools. It also allowed a New York statute providing textbooks to both public…

A review of the related cases that have been adjudicated in the United States Circuit Courts of Appeals in the decade since "Ginsberg v. New York" and "Tinker v. Des Moines Independent School District" reveals that the courts are not in agreement in delineating the First Amendment publication rights of high school students.…

This book surveys court litigation arising from the period 1975-78 concerning the field of public sector labor relations. Part 1 summarizes recent trends and developments in the field. Transcripts of the 15 court cases most likely to be cited or referred to in the future are reproduced in full in Part 2, with an analysis of each case and its…