Discusses provisions and implications of Civil Rights Attorney's Fees Awards Act of 1976 that authorizes award of attorney's fees to prevailing parties in certain civil rights cases. (Author/PKP)

Court decisions show that school officials must protect the freedoms guaranteed students by the U. S. Constitution, including the right to distribute unpopular literature excluding material that is obscene or libelous, or that contains fighting words or promotes lawless action. (Available from the Institute of Government, University of North…

Reviews the implications of the Supreme Court decision in "Bethel School District No. 403 v. Fraser." Schools must still comply with First Amendment and may not restrict student speech without valid reason. The maintenance of school order and the protection of rights of others are valid reasons. Speech is not immunized by the…

The courts generally uphold the school's action in disciplining a student for conduct that takes place out of school if the punishment is denial of extracurricular privileges. If the school withdraws academic privileges, the courts require a stronger showing of evidence. (MLF)

Reviews several factors affecting whether the dismissal of a teacher for immoral conduct will withstand court scrutiny. These factors center on the conduct's impact on the teacher's ability to teach effectively and include the conduct's context, the teacher's history and motives, and the effects of disciplinary responses to the conduct. (PGD)

Reviews recent cases on educational malpractice, examines the case a student would have to make to succeed in court, reviews three policy factors that limit the effectiveness of negligence claims, and proposes limitations on an educational malpractice cause of action. (IRT)

The Supreme Court has now made clear that, in covered states, school governing boards may not require employees to take a leave of absence while campaigning for public office unless they clear such policy with the District Court for the District of Columbia or the U.S. Attorney General. (Author/IRT)

Examines Fourth Amendment legal issues involved in drug testing of public employees. Discusses several recent court cases involving probable cause and reasonable suspicion to determine appropriate standards for individual situations. Outlines implications for public employers. Blanket drug testing is not permissable, though job applicants have…

If a suit is brought as a class action, either plaintiff or defendant may move to uphold or challenge class certification. If neither does so, the court decides whether the action may be maintained as a class suit. Prerequisites for class certification from Rule 23 (Federal Rules of Civil Procedure) are explained. (TE)

Recent developments affecting educational institutions provide guidelines: first, for the videotaping and use of television programs by nonprofit educational institutions and, second, for the copying of music. (Author/MLF)

The Supreme Court decision in County of Washington v. Gunther opened the door to the comparable-worth theory of liability. That argument rests on the concentration of female workers into largely segregated and low-paying jobs, and it attributes the low pay to sex discrimination. (Author/MLF)

Reviews the major legal issues that will confront an educational governing board when it lays off an employee. (Author/IRT)

Examines state law and court cases concerning self-dealing and conflict of interest in North Carolina. (IRT)

Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…

Examines the law regarding sexual harassment and presents a model designed to both reduce the incidence of sexual harassment in the workplace and resolve the complaints that may arise. (Author/MLF)