Explores the opinions of Justice Rehnquist in issues concerning religion and public education; observes that the Supreme Court appears just one vote away from shifting church/state issues to the local level; and urges those concerned with constitutional values and public education to reexamine the Bill of Rights. (MLF)

The Virginia Supreme Court unanimously ruled that the issuance of tax exempt bonds to a religiously affiliated university violated both state and federal constitutions. Reviews the court decision, analyzes the constitutional issues, and contends that court actions intruded beyond the permissible boundaries of constitutional neutrality. (38…

Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

Section 1983 opened the federal courts to private citizens by creating a cause of action for invasion of rights protected by federal law. Liability can only be established through proof that injury was occasioned by the implementation of municipal "policy or custom." Examines the evolution of this court doctrine. (MLF)

Lower courts have generally held that Bible distribution in public schools violates the Establishment Clause. More recent litigation has focused on distribution of religious literature other than Bibles. Examines the background of the issue, considers the most recent court decisions, and discusses the implications of these decisions. (57…

Summarizes court cases bearing on religion in the school setting and the use of the three-part "Lemon" test in Establishment Clause cases; and examines a Louisiana District Court decision that affirmed the action of a school principal prohibiting a religiously oriented valedictory address. (MLF)

Voucher plans that involve payments of tax funds to private schools are suspect on both constitutional and public policy grounds. Analyzes the constitutional issues raised by a recent attempt at voucher legislation in Minnesota. (MLF)

The Supreme Court, in an upcoming case "Lee v. Weisman," will rule on whether prayer may be offered out loud at a public school graduation program. Argues that past court decisions have interpreted the Establishment Clause of the First Amendment over the Free Speech Clause of that same amendment. (57 references) (MLF)

In "Mergens," the Supreme Court ruled that the Equal Access Act (EAA) was constitutional and that students at a high school with a "limited open forum" could participate in a prayer club. Traces the history of the case, arguments by the justices, and practical implications of the case for school districts. (66 references) (MLF)

Addresses theories of constitutional tort liability of school districts and supervisors under the federal Civil Rights Act of 1871, based upon sexual misconduct of supervised teachers with students, on the ground that such abuse amounts to a deprivation of the student's constitutional right to bodily security. (MLF)

Explores the issue of whether minority scholarships are illegal under federal statutes or the Constitution. Concludes that, according to Title VI and Supreme Court decisions, minority scholarships would be legal when offered by private schools and by public schools that could meet the court's requirements. (112 references) (MLF)

Examines the National Collegiate Athletic Association's drug testing program of student-athletes and relevant legal decisions. Concludes that each individual urinalysis search, not based on suspicion, is a violation of the student-athlete's privacy and is an unreasonable search in violation of the Fourth Amendment. (100 references) (MLF)

Absent the constitutional rights enjoyed by the student press at state institutions of higher education, the administration at a private institution is legally free to control the content of its student press. Explores a theory that shifts the focus to academic freedom protected by contracts between faculty and institutions. (MLF)

Examines two related issues: the right of teachers to select instructional materials and to select instructional methods. Court decisions indicate that materials and methods must have educational value, relevance, and suitability to the age and maturity of the students. Prior administrative approval, while not necessarily required, is beneficial.…

Analyzes four recent Supreme Court parochaid decisions, as well as two rulings dealing with equal educational opportunity, and three concerned with racial discrimination. Observes an ominous turn by the Court toward the use of judicial restraint to promote a conservative social agenda. (MLF)