Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

Recent research on education and Latina/o immigrants has indicated an escalating crisis, but few studies have focused on why so few immigrant students participate in higher education, or why many leave college before receiving degrees. Past research has been largely quantitative or theoretical, and offered little qualitative insight into the…

Merit pay is now in the midst of a renaissance. Hundreds of school districts are experimenting with some type of performance-based pay system. At least six states have statewide or pilot programs, and the federal government has spent close to $100 million on the Teacher Incentive Fund. Whether such programs will last, encourage the start of…

It is the thesis of this note that California's teacher removal statutes foreclose that degree of teacher classroom flexibility which is necessary to achieve the state's educational goals and which is required by the first amendment. (Author)

Legal principles of the law governing school property and school building construction are considered in the first section of this casebook. From the legal principles mentioned, the most significant are selected and illustrated with appropriate court decisions in the second section. Many of the cases selected illustrate more than one legal…

Examines the development of retraction laws, which require publishers to correct allegedly false stories, and looks at their constitutional implications. (GT)

Analyzes the background behind the application of the state action doctrine to a state school newspaper and analyzes the results of such application on a paper's obligation to accept advertising. (Author)

Three parts of the new copyright law are examined, each of which represents a departure from copyright principle: Section 301, Section 201(e), and the compulsory licensing sections, 111, 115, 116, and 118. Implications in view of the expected proliferation of new media for exploiting copyrighted works are discussed. (LBH)

A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

This document describes Minnesota statutes and cases that provide rights, responsibilities, and protections for young people different from those applicable to adults. It gives legislators an overview of all laws affecting young people, serving as a reference aid for current state policies toward youth. It is basically a state guide, including…

Describes a study of the legality of certain aspects of medical practice to determine whether practicing Boston physicians are familiar with the Massachusetts laws relating to the treatment of minors. (Author/PG)

Access to the news is sometimes denied journalists because they do not meet whatever definition of "reporter" is being used in a particular situation. This paper examines issues related to the identification of persons as reporters. Among the topics considered are ordinances authorizing the issuance of press cards to reporters; court…

This address traces the historical roots and describes the enactment of the Federal "sunshine law," which provides for public access to meetings held in the public interest. Based on Florida's sunshine law, the new Federal statute requires that all congressional committees and most Federal Agencies conduct their business in the open.…

Tenth in a series of articles on the legal protection of music materials. (JB)

Discusses the extent to which a school district can be held responsible for the negligence of its employees. (JF)