Since 1970 approximately half of the states have challenged the constitutionality of state educational funding methods under equal protection or educational adequacy grounds. A review of court cases finds no clear trend towards acceptance or rejection of state provisions for school financing but does reveal a heightened awareness of inequity in…

Provides an edited version of the Supreme Court opinions in "TLO v New Jersey." Includes an article delineating the new rules on student searches that have resulted from the court decision. A third article discusses questionable areas the Court decision left unclear. (MD)

The purpose of this paper is to explore the due-process rights of public employees. These particular rights are grounded in the constitutionally protected liberty interest in one's good name and reputation. Both employers and employees should be aware of what parameters case law provides with regard to the dimensions of this due-process right and…

With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the…

This policy brief addresses the first two rulings of the North Carolina lawsuit on the state constitutional right to education, commonly referred to as "Leandro." The "Leandro" Supreme Court opinion and subsequent court rulings add a model of adequacy that dovetails almost perfectly with standards-based education reform. Model…

Outlines North Carolina Superior Court Judge Howard E. Manning's ruling concerning school funding inequities. Details the ruling's insistence on the submission of progress reports every three months. Proposes that the ruling is too controlling and fails to recommend how to eliminate funding inequities. (PM)

Discusses "new judicial federalism" as the rediscovery of state bills of rights for protecting civil liberties. Analyzes the differences in protection under state and federal bills of rights. Recommends that the growing importance of state constitutions be included in the political science curriculum and suggests bibliographic sources to…

In Smith vs. Regents of the University of California, the California Supreme Court established new constitutional limitations on use of mandatory student fees. This article examines the Court's restriction of use of funds for ideological or controversial extracurricular programs and concludes that the distinction between educational and political…

The 1985 United States Supreme Court decision in "Loudermill" established that public school employers may not dismiss employees who possess property rights in continued employment without due process of law. Examines the Supreme Court's decision, canvasses lower court decisions rendered since "Loudermill," and reviews the…

A national survey of 214 active and retired judges teaching in law schools revealed information about court jurisdiction, teaching experience, reasons for teaching, problems, and benefits that teaching and judging have for each other. Recommendations are offered to the American Bar Association and the Association of American Law Schools. (MSE)

Examines the New Jersey Supreme Court school finance decisions as examples of a state court using its state constitution to spur significant social reform. Describes the political activity and cooperation among the three branches of state government in securing the New Jersey education reform initiative. (113 references) (MLF)

Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…

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…

Issues in public school finance are discussed in this research monograph, with an emphasis on Texas. Chapter 1 provides a national historical overview, examining the changing definition of equality. The second chapter examines equity challenges in the courts, specifically, two major types of constitutional issues: (1) equal protection clauses of…

An analysis of the effect of the Kansas School District Equalization Act (SDEA) of 1973 on public school financing is provided in this consultants' report on behalf of six plaintiff school districts in "Newton United School District 373 et al., v. the State of Kansas." Following an introduction, the second section sets forth the initial…