This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

The purpose of this analysis is to provide systematic and up-to-date data on the frequency of the Individuals with Disabilities Education Act (IDEA, 2012) court decisions on a state-by-state basis, not only overall, but in relation to special education enrollments. This empirical analysis revealed notable differences among state rankings in the…

There have been many studies done and much research completed on the problem of academic dishonesty at the college and university level. However, there is a dearth of studies done on academic dishonesty as it relates to the legal issues and trends related to higher education administration. The purpose of this research is to analyze the issues,…

This article examines the application of First Amendment principles to web sites that were created by students. Schools sometimes attempt to regulate the speech of students on such web sites by imposing disciplinary sanctions on the students who create the sites. The ability of schools to take such action depends on the interplay of a variety of…

This study examined Columbine's impact on case outcomes related to student searches and its implications for civil liberties and school leader discretion. Using data from 236 court cases since the U.S. Supreme Court ruling of New Jersey v. T.L.O. in 1985, critical search dimensions and outcomes (e.g., level of suspicion) were examined using…

Argues for a consistent approach to determining when Section 1983 litigation may follow state proceedings. Provides guidelines similar to those applied in habeas corpus proceedings for deciding when federal action will be barred. Available from UCLA Law Review, 405 Hilgard Ave., Los Angeles, CA 90024. (IRT)

A considerable body of scholarship has examined the history of compulsory attendance in the United States in an effort to explain why compulsory attendance laws were enacted, what effects they had on school attendance rates, and what made enforcement of these laws effective eventually. Recent research has revealed that some long-standing…

A series of legal actions brought by Elmo Tatum charging the University of Nebraska with discriminatory policies is reviewed. The United States Supreme Court awarded the university damages because of the "frivolous" nature of Tatum's appeal, and the essay concludes that this may inaugurate a campaign against the flood of litigation. (MJL)

An analysis of the routine activities of interest group lawyers involved in the Mississippi civil rights movement revealed that (1) while the lawyers preferred the federal courts as an arena for litigation, most work was done in state and local tribunals and (2) they served as a legal aid society. (Author/RM)

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

Most communication courses and research involving freedom of speech examine issues by reviewing the decisions of the United States Supreme Court and the federal appelate courts. However, the high visibility of the federal courts can lead to a misguided emphasis by students of the history of free speech. Research into the development of present…

Discusses the political controversy over affirmative action discrimination. Broadly outlines three cases in which the Supreme Court has addressed the issue. Analyzes three lower court decisions affirming the validity of affirmative action. Examines research on race and gender role models. (MD)

The 11th Amendment, ratified in 1798, has proved itself a great source of discussion, even confusion, among many courts in this country. Historical background on the development of the 11th Amendment and its interpretations in different cases sets the context for the rest of this paper, the theme of which involves state immunity from federal…

American schools, resegregating gradually for almost two decades, are now experiencing accelerating isolation and this will doubtless be intensified by the recent decision of the U.S. Supreme Court. In June 2007, the Supreme Court handed down its first major decision on school desegregation in 12 years in the Louisville and Seattle cases. A…

Although judicial influence in education seems to have faded since 1973, the federal government's diminished involvement in educational support and policymaking may result in a new wave of reform if challenges to the nonenforcement or rewriting of existing statutes providing services to disadvantaged groups are brought to court. (MJL)