Criticizes the institution of the death penalty for convicted criminals with mental retardation. Examples are given of cases in which juries were not told of the defendant's mental retardation before sentencing, and a list of defendants with mental retardation that have been executed since 1976 is provided. (CR)

This review examines factors impacting on substantiation rates for central registries of child abuse and neglect cases. Technical factors were not found to affect substantiation rates, though certain legal factors were somewhat associated with lower substantiation rates. The use of risk assessment models is recommended to improve rates without…

This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

Existing judicial authority on the legal status of academic tenure at the college level is examined including acquisition of tenure, obstacles to enforcement and grounds for dismissal, and procedural protections. Disadvantages of attempted legal solutions are emphasized, but the value of judicial review to curb arbitrary decisions is also…

In California, the desire to do something about child abuse, fanned by repeated and often sensational media coverage, has led to an understandable but counterproductive overreaction on the part of professionals and citizens reporting suspected child abuse. Child protective agencies receive an average of one report a minute. There are over 300,000…

It appears that university officials will be forced to recognize a student's right to privacy in a dormitory room. (PG)

The degree of proof needed for conviction in a criminal action (which is "proof beyond a reasonable doubt") is greater than the proof needed to obtain a judgment in a teacher-dismissal civil action (which is "a preponderance of the evidence"). (Author)

Canon 35, concerning improper publicizing of court proceedings, is one of the professional codes of the American Bar Association. First adopted in 1937, it has twice been amended and is widely observed by most courts throughout the United States. Reasons for barring radio or television coverage of trials are based on concerns that broadcasting…

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Lists guidelines to help department administrators reduce their liability and strengthen their position when faced with grievances or lawsuits. (AEA)

The authors answer questions regarding due process procedures, particularly in relation to P.L. 94-142, the Education for All Handicapped Children Act. (SBH)

Michael T. Rose's book, "A Prayer for Relief," examines the due process standards pertinent to the adjudication of student offenses at military academies. This article discusses the issues raised by Rose and concludes that many of his criticisms and suggestions for reform are still viable and worthy of serious attention. (LBH)

Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…

Reexamines the common law precedent on student expulsions and suspensions and seeks to formulate a comprehensive doctrinal basis for common law judicial intervention that will realistically protect the rights of public and private university students alike. (Author)

For over a decade, school administrators and school attorneys have been struggling with the appropriate procedures to follow in disciplining public school children. Many articles have been written concerning due process. This publication focuses not on the legal history of school discipline cases, but on the implementation and administration of…