The Supreme Court decision in "Smith II" found two Native Americans, discharged from their jobs for using peyote as part of the sacramental service in their Native American Church, ineligible for unemployment compensation benefits. Examines how the decision has had an immediate and profound effect on judicial interpretation of free…

The United States Supreme Court recently rendered a decision in the "Collins v. City of Harker Heights" case, which addressed the liability of public entities for alleged "constitutional torts." Discusses the precursors of "Collins," analyzes the decision itself, and discusses the various elements that must be…

Onomastics, the study of names, may serve to predict the odds of certain individuals to become a party to, and even for the eventual outcome of, litigation. Examples supporting the predictive qualities of onomastics are cited. (MLF)

The Religious Freedom Restoration Act purports to overrule the Supreme Court's decision in "Employment Division v. Smith." Discusses "Smith" and its rejection of the strict scrutiny test in challenges to facially neutral government actions that burden the exercise of religion. Analyzes the possible general effects of the act…

Courts in the Ninth Circuit are required to apply a four-factor balancing test when reviewing school districts' least restrictive environment (LRE) placement decisions for children with a disability. Discusses the Ninth Circuit's new LRE test, LRE tests previously announced in other circuits, and the fact that the Supreme Court has not addressed…

Reviews the Supreme Court decisions on issues of interest to school districts. Also analyzes cases relevant to public schools that the Court declined to review. Summarizes a number of cases that the Court will hear in its term beginning October 1993 and that may have a major impact on school districts. An appendix lists the cases cited. (MLF)

More and more college professors are constructing their own "anthologies," photocopied compilations of recent articles and book excerpts, that are used as textbook substitutes. Addresses the impact of copyright law on the creation and distribution of customized college-course anthologies. (39 footnotes) (MLF)

An annotated outline provides recent case law in special education since the last update in this series. (MLF)

Offers a history of the University of North Carolina at Chapel Hill's Racial Harassment Policy since its inception six years ago. The paper first details the milieu from which this measure emerged and then describes the university's effort to preserve it in the face of unfavorable judicial rulings. Seeks to provide insight into how one institution…

The Americans with Disabilities Act has addressed shortcomings in public education's treatment of the disabled by essentially codifying judicial interpretations of Section 504 of the Federal Rehabilitation Act that have evolved since its passage and extending the context of applicability. (42 references) (MLF)

Briefly traces the sociological and legal development of the hostile-work-environment concept, and discusses the "reasonable woman" standard as applied in two cases. The use of the "reasonable woman" standard marks a shift in judicial reasoning that makes the legal system more responsive to women. (79 references) (MLF)

Title IX prohibits sex discrimination in educational institutions receiving any federal funds. Until 1988, college athletics were exempt from compliance. Examines the results of some recent court cases to see how the law was interpreted and concludes what schools should do to be proactive in the struggle for gender equity in collegiate sports. (72…

During its 1993 session, the Michigan legislature enacted two statutes for the organization and operation of public school academies, Michigan's name for charter schools. A circuit court judge declared the charter schools were unconstitutional. In response, the legislature amended its original enactment. Traces the short but curious history of…

The definition of "disability" under Section 504 of the Rehabilitation Act is broader than that under the Individuals with Disabilities Education Act. For those students who are eligible only under the broader coverage of Section 504, the question arises of the applicable substantive standard for free appropriate public education (FAPE).…

Two hearing boards' finding that a tenured professor's instructional remarks and actions constituted sexual harassment resulted in the filing of a federal lawsuit against the university. Discusses sexual harassment, reviews the most pertinent facts of "Silva," and analyzes the judge's preliminary injunction and summary judgment ruling on…