The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…

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…

In "Elk Grove Unified School District v Newdow" ("Elk Grove"), the Supreme Court, in an 8-0 judgment, with three concurrences, upheld the words "under God" in the Pledge of Allegiance. In light of the uproar caused by "Elk Grove", this article is divided into three parts. After reviewing the history of the Pledge the second section examines the…

Discusses Section 1983 of the Civil Rights Act of 1871, focusing on "Gonzaga University v. Doe" (2001). Reviews the Supreme Court's decision, analyzes the decision as it applies to federal statutes such as the Individuals with Disabilities Education Act, and discusses future implications of the decision. (Contains 91 endnotes.) (WFA)

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

The Supreme Court in "Zobrest" identified a variety of factors that rendered constitutionally acceptable the provision of a publicly paid sign-language interpreter in a parochial school. In "K.R." the judge upheld provision of a publicly paid instructional assistant in a parochial school. Analyzes the case and its implications…

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Compares the Supreme Court ruling in "Employment Division, Department of Human Resources of Oregon v. Smith," involving the denial of unemployment compensation to two employees discharged because they ingested peyote, to "Wisconsin v. Yoder," mandating exemption to Amish parents of the state's uniformly applied compulsory…

A Supreme Court decision involving employees discharged by Mormon Church-owned corporations because they did not satisfy religious requirements was based on a Title VII statutory exemption permitting discrimination. The decision protects religious organizations that consider religious compatibility in employment relations. Caution in expanding…

Considers the legal implications of "Lee," a closely divided Supreme Court decision that ended the practice of graduation prayers. Summarizes the majority opinions of Justices Kennedy, Blackmun, and Souter and the dissenting opinion of Justice Scalia. Analyzes the potential impact of "Lee" on future cases involving religion and…

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

A New Jersey school board enacted a policy to broaden students' understanding of their multicultural community's religious heritage. The federal district court upheld the Cherry Hill Township's approach to recognizing religious diversity in public schools. Reviews the policy and the court decision, and explores implications for public schools. (90…

The Supreme Court has decided to address the facts in "Lee v. Weisman" involving the validity of graduation prayer. Reviews the opinions of the current justices regarding the role of the tripartite establishment clause "Lemon" test and concludes with a projection of the court's resolution of the "Lee" case. (73…

The Eighth Circuit Court of Appeals determined in "Good News/Good Sports Club v. School District of Ladue" that a public school district could not prohibit a parent-led Christian club from using school premises for its meetings. Discusses the majority and dissenting opinions and the implications of this decision for public schools. (72…