Hardly a week passes without yet another highly visible court case involving the rights and freedoms of secondary school students. The subject matter of these lawsuits is as varied as the activities of the students who have gone to court to vindicate their legal interests. The outcome of such cases also runs the gamut; some student plaintiffs (and…

School districts are often given the challenging task of addressing problematic online behaviors committed by students while simultaneously protecting themselves from civil liability by not overstepping their authority. This is difficult, because the law concerning these behaviors is ambiguous and continuously evolving, and little consensus has…

The paper estimates the response of student truancy and long-run labor market outcomes to discipline policies in middle and secondary school. Simultaneous determination of student behaviors and school policies motivates an instrumental variables strategy. Because judicial climate influences administrators' fear of discipline-related lawsuits,…

For educators in the field of higher education and judicial affairs, issues are growing. Campus adjudicators must somehow maximize every opportunity for student education and development in the context of declining resources and increasing expectations of public accountability. Numbers of student misconduct cases, including matters of violence and…

The US has witnessed an enormous federalization of protective devices in the field of criminal law and an expanded interpretation of the first 8 Bill of Rights provisions in recent years. Since the Supreme Court approaches college cases and criminal law cases in the same manner, it is important to know what is happening to the shape of the law. At…

Opinions about due process as it applies to the contemporary college campus range from the extreme view that due process as defined and practiced in U.S. courts of criminal law should be followed on college campuses to the opposite extreme that an educational community must evolve its own "due process" in light of campus objectives and…

An alarming aspect of the dramatic change in the relationship between a university and its constituents is the increasing number of court cases challenging traditionally academic decisions. The filing of these cases seems to suggest that judicial processes can be substituted for academic ones. Although many courts have recognized the distinctive…

This paper analyzes how absolutist arguments against campus harassment codes violate the spirit of the first amendment, examining in particular the United States Supreme Court ruling in "RAV v. St. Paul." The paper begins by tracing the current development of first amendment doctrine, analyzing its inadequacy in the campus hate speech…

In this paper several court decisions relating to student rights and privileges are considered, particularly in the light of student unrest that is now extending to junior colleges. An individual's rights are guaranteed and protected by the federal Constitution which states that: no person shall be deprived of life, liberty or property without due…

Presented in this article are several major principles involved in substantive due process in public institutions of higher education pertaining to disciplinary cases in which suspension or dismissal of students has occurred. (Author/BY)

Just as the courts are compelled to uphold welfare of the individual, colleges should be and must equally anxious to protect these rights. The article contends that the legal basis for reform is that a student enjoying the privelege of a university education should not lose his rights as a citizen. (Author/BY)

New York's Court of Claims found the State University of New York College at Buffalo liable for monetary damages as a result of the off-campus death of an adult student. The American Council on Education has filed an amicus curiae brief in support of SUNY, Buffalo. (MLW)

Brings court action up to date in regard to male students' hair styles. (LN)

The author concludes from his discussion of due process that although the courts have begun to depart somewhat from the doctrine of judicial nonintervention in student discipline in higher education, they still seem to prefer that the Dean and the student settle the issue in the Dean's office in a manner fair to all concerned. (Author/BY)

A series of recent decisions, largely in federal courts since 1972, are examined for inferences that may encourage institutions to set forth more clearly the conditions that precede dismissal on academic or misbehavior grounds. Guidelines are suggested for administrative procedure and faculty practices such as grading. (JT)