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Majestic, Ann L.; And Others – Executive Educator, 1995
Regarding school searches, courts have provided guidelines balancing individual students' rights against the larger school community's rights. Administrators are bound by the Fourth Amendment, which stresses reasonable grounds of suspicion and related circumstances. Strip searches, metal detectors, hidden cameras, and locker searches may meet…
Descriptors: Administrator Responsibility, Court Litigation, Legal Problems, Privacy
Peer reviewed Peer reviewed
Davis, Charles N. – Newspaper Research Journal, 1994
Analyzes lower court decisions citing the 1990 United States Supreme Court "Milkovich" decision to illustrate that earlier Supreme Court decisions continue to provide constitutional protection for most newspaper articles, editorial commentary, and other forms of opinionated speech. Shows that most libel cases involving opinion since…
Descriptors: Court Litigation, Freedom of Speech, Higher Education, Journalism
Gordon, William M. – School Business Affairs, 1995
There are specific legal restrictions on types of school disciplinary measures. The courts have tended to uphold traditional notions of school discipline, measuring these by the common-law yardstick of reasonableness or viewing the schools "in loco parentis." This article reviews major court decisions involving detention, corporal punishment,…
Descriptors: Corporal Punishment, Court Litigation, Discipline, Discipline Policy
Shoop, Robert J. – School Business Affairs, 1995
A "boilerplate" sexual harassment policy embedded in the district policy manual is insufficient. Schools need a comprehensive sexual harassment prevention program addressing authority, accountability, responsibility, and training. Since the vast majority of sexual harassment in schools is student-to-student, training efforts should not be limited…
Descriptors: Accountability, Elementary Secondary Education, Federal Legislation, Inservice Education
Wheeler, David L. – Chronicle of Higher Education, 1995
Conflict over the authorship of scientific research into schizophrenia in an international collaboration is discussed. Issues of access to research data and laboratory samples, competition for research results, and attribution of scholarship are considered. (MSE)
Descriptors: Authors, Citations (References), Competition, Cooperation
Wilson, David L. – Chronicle of Higher Education, 1995
Many college faculty and students are upset by a Senate measure limiting obscenity on the Internet, feeling it would damage the network and infringe on free speech rights. The current measure seeks to punish individuals distributing items deemed offensive, but generally protects system operators. (MSE)
Descriptors: Computer Networks, Criminal Law, Federal Legislation, Freedom of Speech
Peer reviewed Peer reviewed
Higgerson, Mary Lou; Higgerson, Richard G. – CUPA Journal, 1991
Two decades of affirmative action have not substantially altered the percentage of women and minorities in higher education faculty and professional ranks. Although continued attention to affirmative action is important, institutions should not let their guidelines channel and truncate the screening process so as to overlook stronger candidates.…
Descriptors: Administrative Policy, Affirmative Action, College Administration, Federal Regulation
Thomas, Phyllis L.; And Others – Business Officer, 1991
Colleges and universities that provide computer services have become vulnerable to potential lawsuits associated with contraction and spread of computer viruses. Bookstore, library, and computer classroom or laboratory are most susceptible. In addition to protection against legal liability, schools should take specific steps to prevent problems.…
Descriptors: College Administration, Computer Oriented Programs, Court Litigation, Higher Education
Peer reviewed Peer reviewed
Hill, Wayne A., Jr. – Journal of College and University Law, 1992
The history, provisions, and impact on universities of the Americans with Disabilities Act of 1990 (ADA) are examined. It is concluded that the ADA will not break new ground for higher education and that Section 504 of the Rehabilitation Act of 1973 will remain the main avenue by which disabled obtain access to universities. (MSE)
Descriptors: Access to Education, Comparative Analysis, Disabilities, Federal Legislation
Peer reviewed Peer reviewed
Update on Law-Related Education, 1992
Discusses peer mediation, a method by which school children can resolve their own disputes. Explains that any kind of student can be a mediator and that mediation can help students develop communication skills. Offers two hypothetical cases for mediation. Suggests establishing mediation programs in schools. (SG)
Descriptors: Arbitration, Communication Skills, Conflict Resolution, Elementary Secondary Education
Peer reviewed Peer reviewed
Rosal, Lorenca Consuelo – Update on Law-Related Education, 1992
Provides a lesson plan on the issue of distributive justice, or fairness in the ways things are distributed among individuals and groups. Includes a student reading concerning a proposed guaranteed standard of living. Proposes an activity that calls for student discussion of a constitutional amendment that would offer such a guarantee. (SG)
Descriptors: Constitutional Law, Discussion (Teaching Technique), Justice, Law Related Education
Conkling, Winifred – Teacher Magazine, 1991
A Connecticut teacher who was fired after being accused of improperly touching a student tells the story of his ordeal. In the months following his termination, his mental health deteriorated as the media made frequent sensational reports. He feels, even if he wins his countersuit, he cannot be fully vindicated. (SM)
Descriptors: Elementary Education, Legal Problems, Libel and Slander, Sexual Harassment
Peer reviewed Peer reviewed
Austin, James F. – NASSP Bulletin, 1992
Administrators can provide education, guidance, support services that encourage noncustodial parents to remain involved with their children academically and socially. Except when limited by legal documents, school policies must be designed to treat all parents equally, regardless of marital status. Children of divorce need to know that both…
Descriptors: Administrator Responsibility, Court Litigation, Divorce, Elementary Secondary Education
Peer reviewed Peer reviewed
Topf, Mel A. – Language and Communication, 1992
Analyzes U.S. Supreme Court decisions as speech acts to determine how the opinions communicate the legitimacy of the court's decisions and secure the consensus of the discourse community, investigating such aspects as institutional context, the adversarial context of legal communication, the grammar of conflict, and the rhetoric of discovery. (64…
Descriptors: Communication (Thought Transfer), Court Litigation, Discourse Analysis, English
Peer reviewed Peer reviewed
Smith, Stephen A. – Communication Education, 1994
Examines First Amendment, privacy, and intellectual property issues of communication on the Internet. Discusses developments in communications policy related to the proposed communication superhighway. Suggests ways in which communication scholars can secure fundamental legal protections necessary for full, free, and effective communication in the…
Descriptors: Computer Networks, Freedom of Speech, Higher Education, Information Networks
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