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Bathon, Justin M.; McCarthy, Martha M. – Educational Horizons, 2008
On June 25, 2007, the United States Supreme Court rendered its decision in "Morse v. Frederick", a long-awaited ruling regarding student speech in public schools. For nearly twenty years, the Supreme Court had been silent on the issue while lower courts attempted to apply the rules announced in previous Supreme Court decisions. It is…
Descriptors: Courts, Court Litigation, Public Schools, Freedom of Speech
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Eckes, Suzanne E.; McCarthy, Martha M. – American Educational Research Journal, 2008
Gay, lesbian, bisexual, and transgendered (GLBT) public school educators' rights have not been clearly delineated by the courts. As such, the outcomes in legal controversies involving adverse employment consequences based on teachers' sexual orientation have varied somewhat across jurisdictions and have been decided on a case-by-case basis. To…
Descriptors: Employees, Courts, Sexual Orientation, Court Litigation
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McCarthy, Martha M. – Educational Horizons, 2005
Saying the Pledge of Allegiance in public schools has generated controversy for more than sixty years. On Flag Day, June 14, 2004, the U.S. Supreme Court sidestepped an opportunity to clarify the constitutionality of public school students reciting "under God" in the Pledge of Allegiance. But this issue is not going away. Following the Supreme…
Descriptors: Public Schools, Court Litigation, Civil Rights, Patriotism
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McCarthy, Martha M. – Educational Leadership, 1976
Supreme Court decisions are reviewed to determine the status of a constitutional right to education. (GW)
Descriptors: Civil Rights, Constitutional Law, Educational Opportunities, Equal Education
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McCarthy, Martha M. – Exceptional Children, 1983
Two recent Supreme Court cases, Pennhurst v. Halderman and Board of Education v. Rowley, are analyzed for their implications regarding handicapped persons. Both decisions suggest a reduced federal role in determining what constitutes appropriate programs and services for the handicapped. (Author/CL)
Descriptors: Civil Rights, Court Litigation, Disabilities, Elementary Secondary Education
McCarthy, Martha M. – American School Board Journal, 1981
Reviews recent legal decisions on educational and related services that must be provided to handicapped students under the Education for All Handicapped Children Act. (WD)
Descriptors: Civil Rights, Court Litigation, Disabilities, Elementary Secondary Education
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McCarthy, Martha M.; Patterson, William G. – Journal of General Education, 1978
Reviews major court decisions on cases involving instructors' rights to teach controversial issues, to choose their teaching style, and to affect the curriculum in such ways as deciding to assign creationist or evolutionary biology textbooks. (Editor/RK)
Descriptors: Academic Freedom, Board of Education Policy, Civil Rights, Constitutional Law
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McCarthy, Martha M. – Journal of Educational Equity and Leadership, 1985
Presents an overview of litigation pertaining to the use of tests in public employment. Provides guidelines for the development of teacher testing programs within legal parameters. (KH)
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Equal Opportunities (Jobs)
McCarthy, Martha M. – Viewpoints, 1976
The right of educators to classify students is not being challenged in the courts, but the procedures used and the basis for classifications are being questioned and in some cases subjected to strict judicial scrutiny under the equal protection clause. (MB)
Descriptors: Civil Rights, Classification, Court Litigation, Disability Discrimination
McCarthy, Martha M.; Cambron-McCabe, Nelda H. – 1987
To assist school personnel in understanding current application of the law, provide an awareness of rights and responsibilities, motivate educators to translate basic concepts into actual practice, and generate an interest in further study of the law, this text is presented. Legal issues involving the rights of students and teachers in daily…
Descriptors: Attendance, Civil Liberties, Civil Rights, Class Organization