Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

The conflict that often develops between university administrations and students wishing to form a gay student organization is discussed. Cases addressing the rights of gay student organizations are analyzed. (MLW)

Two landmark court cases have upheld the constitutional right of handicapped children to a publicly supported educational program, and to various procedural safeguards to insure fair implementation of that right. Neither case deals directly with the right to an "adequate" education. Presents arguments lawyers could present in raising this adequacy…

An account of recent attitude and policy changes concerning pregnant students. The author appeals for an approach that opens futures and promotes inclusion and affection. (Author/JF)

Examines recent court cases to see how they have affected the direction and purpose of the university. The author finds that the courts are protecting rather than threatening the autonomy of universities. (JF)

Due process of law has never been defined by the Supreme Court in so many words, the Court choosing to define that term on an inclusion/exclusion basis as it goes along. The author traces the historical development of the due process concept, and discusses cases where due process has affected the rights of those involved in the educational…

Author reviews court decisions that affect the schools. (Editor/CB)

Discusses some Supreme Court rulings that affect the rights of students and teachers. Includes discussion of the balancing test, due process, and equal protection. Offers five principles to guide administrators in interpretating the legal ramifications of school policy. (Author/WD)

Explores whether the state university student confronted with double prosecution (university disciplinary proceedings and state or municipal criminal proceedings) has any constitutional basis for claiming the applicability of double jeopardy protection of the Fifth Amendment as a bar to a second prosecution. Concludes that the issue is not…

This speech, through an analysis of significant court cases, discusses the rights of married students. The cases analyzed center around the application of due process and equal protection rights to married students. Rights of married students that are discussed include the right to attend school and the right to participate in extracurricular…

Discusses student rights in the areas of dress codes, freedom of speech, and due process. (JF)

Few people in the United States are aware of the central role that Mexican Americans have played in some of the most important legal struggles regarding school desegregation. The most significant such case is Mendez v. Westminster (1946) , a class-action lawsuit filed on behalf of more than 5,000 Mexican American students in Orange County,…

This document represents a model legal case for defending a girl who wants to play soccer on her high school's all male soccer team. Contained are descriptions of the parties involved, the statement of claim, the causes of action, the laws that action is taken under, and former court decisions that might have bearing on the case. Also included are…