Several provisions of federal education law, including the Elementary and Secondary Education Act of 1965 (ESEA) and the Individuals with Disabilities Education Act (IDEA), require public school districts to provide certain educational services to students attending private schools on an "equitable" basis. Both ESEA and IDEA give…

Last December saw another predictable report from the Foundation for Individual Rights in Education (FIRE), a self-described watchdog group, highlighting how higher education is supposedly under siege from a politically correct plague of so-called hate-speech codes. In that report, FIRE declared that as many as 96 percent of top-ranked colleges…

Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…

Discusses the World Intellectual Property Organization's proposed Treaty on Intellectual Property in Respect of Databases and suggests that because it disagrees with United States copyright law and the First Amendment, it should be rejected. Topics include public interests and individual property rights; journalists' reporting; and the fair use…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

Asserts that the pressures on religious freedom are increasing especially in relation to the issue of religion in the public schools. Focuses on school prayer, the use of school facilities for religious activities, and the controversy surrounding school vouchers. Addresses when religious expression is permitted in public schools. (CMK)

This article outlines the significant legal decisions regarding collective bargaining in Catholic schools, identifies the governance structures employed in Catholic schools and the methods of translating these governance structures into documents required by civil law, and concludes with the citation of two recent court decisions that demonstrate…

A faculty adviser to the student newspaper at Loyola College, a small Catholic liberal arts college in Maryland, encountered difficulties concerning First Amendment rights. Previous efforts to establish guidelines for the student press by factions in the administration had failed, and the student newspaper has been able to solidify its First…