Examines the issue of whether implementation of the Equal Access Act would violate the constitutions of some states that require a stricter separation of church and state than the federal Constitution. (MLF)

In the fall 1996 issue of this journal, Maxine Schmitz argued against the California Supreme Court's ruling in "Smith" that the University must provide a partial refund to students objecting to fees used for activities supporting a single political or ideological viewpoint. Annette Gibbs defends the "Smith" majority opinion.…

Discusses research that addresses court decisions emerging during the third wave of school-finance litigation as related to children with special needs. Recent state supreme court decisions in Alabama, Wyoming, and Ohio address the constitutionality of the general and special-education finance systems. All systems were judged inequitable. Contains…

Despite the school shooting on December 1, 1997, under current state law in Kentucky, school officials and administrators are not likely to be held accountable, even for ignoring the most obvious of warning signs. There should no longer be the rule barring liability that is called sovereign immunity. Instead, the court should examine the actions…

Explores the nature and implications of a 1999 decision of the Arizona Supreme Court that upheld the constitutionality of a state tax credit that offers a $500 credit to taxpayers who donate money to nonprofit organizations, which in turn, donate the money to students to help defray the costs of attending private and parochial schools. (SLD)

Adequacy lawsuits have, with little fanfare, emerged as a major alternative strategy in the pursuit of improved public education in the United States. Plaintiffs allege insufficient resources to provide students with the quality of education promised in their state's constitution, hoping the courts will step in and order the state to increase…

This report offers an analysis of school finance litigation during 1998. It summarizes cases in New Jersey, Ohio, Arizona, Texas, Wyoming, Colorado, New Mexico, and New York. These states were sued due to failure to provide a thorough and efficient system of common schools, ineffective efforts to provide equitable financing to poorer school…

Determining whether an employee's First Amendment free speech interests should prevail over legitimate employer concerns for an efficient workplace is a difficult question that this book attempts to answer. To give public employers and public employees an understanding of the legal framework in which free speech issues are decided is the purpose…

The results of new and/or continued litigation challenging the constitutionality of state school financial systems since the publication of the first volume of this study, which examined the history of such litigation from 1912-1971, are presented in this second volume. Recent cases illustrate two trends: the increase in the number and expediency…

As a result of the growing use of social science research and statistics in the legal process, a number of interest groups have sought an understanding of how these factors affect the outcome of judicial decisions. In this chapter, the authors present a historical overview of the judicial use of social science research and statistical data. The…

Nine years after the 1972 Supreme Court ruling in *Branzburg v. Hayes" that journalists enjoy no constitutional privilege to withhold the names of sources and to conceal information from grand jury proceedings, a study was conducted to determine the courts' attitudes toward journalists' privilege and to test commonly held beliefs about its…

Legal issues surrounding the distribution of nonsubscription newspapers are examined in this paper. The paper first discusses selected United States Supreme Court cases that pertain to the circulation of printed materials. It then explores recent state court decisions pertaining to the area of distribution law as it applies to nonsubscription…

A Colorado Supreme Court ruling rejecting a student's liability claim for an injury sustained in a fraternity house is the second this year in which a court found no special university responsibility to protect student safety in private activities. (MSE)

In "Huber v. Franklin County School Board of Trustees," the Indiana Supreme Court has upheld the validity of state statutes concerning public lawsuits that involve public facility construction. Forcing the consolidation of similar issues into one suit protects taxpayers from lengthy and expensive legal battles. (MLF)

Outlines the legal authority permitting North Carolina school officials to excuse all students' attendance under a uniform policy and applies this policy to absences and early checkouts by 18-year-olds. Cites cases supporting school officials' legal duty to consider exemptions for 18-year-olds with extenuating family circumstances. Cites 37…