This monograph examines prisoners' rights to freedom of speech, religion, and petition under the First Amendment to the United States Constitution. The courts had previously taken the attitude that the operation of penal institutions was beyond their jurisdiction, but the suppression of and restrictions on the exercise of first amendment freedoms…

This monograph details, in question-and-answer format, the rights of students and the responsibilities of guidance counselors under federal and Colorado state law. Prominent topics include: Confidentiality of student records, freedom of information, the boundaries separating the rights of students, the rights of parents, and the rights of school…

Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…

Presents the opinions of nine professionals serving the justice system on the issue of providing representation in criminal and civil cases for those unable to pay for lawyers. Includes questions about the obligations of lawyers to provide counsel and the differences between legal representation in civil and criminal cases. (CFR)

Constitutional implications of the University of Massachusetts' establishment and termination of a legal services office, and a student challenge to its closure, are examined, focusing on the court's decision to disregard forum analysis and instead apply subsidy analysis, which almost predetermined the final holding. (MSE)

Do school dress codes written with the specific purpose of limiting individual dress preferences, including dress associated with gangs, infringe on speech freedoms granted by the First Amendment of the U.S. Constitution? Although the Supreme Court has extended its protection of political speech to nonverbal acts of communication, it has…

The purpose of this research paper is to identify and examine legal issues and implications of mandatory competency tests (MCT) for high school graduation. The major data source for this investigation was actual court cases and abstracts and interpretations of court cases. It is not the purpose of this paper to perform a general review of…

This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as…

Most state legislatures have either passed or taken under consideration for passage some minimum competency testing program. However, it is not clear that these legislative efforts will result in implementation programs that fulfill legislative intent. Throughout the United States legal challenges from students adversely affected by testing…

The literature and research about the courtroom use of videotape recordings and similar technology (such as the picturephone and closed circuit television) reveal conflicting opinions about the efficacy of using such technology in the courts. The major criticism seems to be about recording the testimony of witnesses, editing objectionable…

Adequate cause for dismissal is defined and analyzed. Whether for immoral conduct, insubordination, or incompetency, an institution must be mindful of the countervailing protection of academic freedom. Dismissal must be firmly grounded upon demonstrable acts or omissions and assume reasonable procedures, incorporating peer review. Some court cases…

Reviews some legal and procedural guidelines pertaining to freedom of expression and due process in how teachers and administrators handle student verbal or symbolic threats. Reviews school cases related to freedom of expression, written expression, verbal or written expression off school property, and Internet expression. Offers recommendations…

Jury verdicts in recent high-profile cases, including the O. J. Simpson murder trial, have been controversial. Suggestions are offered for reform of jury trials to lessen the impact of societal stereotypes and public opinion. Among these suggestions are to eliminate or restrict peremptory juror challenges and rewrite and clarify instructions to…

This paper reviews the 45 due process hearings and court cases between 1993 and 1998 concerning parental requests for school districts to provide and/or fund the Lovaas treatment program for their young children with autism. It reviews previous legislative and legal definitions of a free appropriate public education and considers implications of…

This paper presents campus crime statistics for 1993 and 1994 and discusses overall trends in court workloads and criminology. An annotated summary of news reports, books, and legal citations regarding incidents and court findings related to education and particularly higher education are provided. The information is compiled from the Chronicle of…