Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Michael T. Rose's book, "A Prayer for Relief," examines the due process standards pertinent to the adjudication of student offenses at military academies. This article discusses the issues raised by Rose and concludes that many of his criticisms and suggestions for reform are still viable and worthy of serious attention. (LBH)

Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…

University officials and faculty are frequently required to make decisions based on interpretations of disputed facts. By applying the concept of due process within the context of higher education, they can meet legal challenges of contract and constitutional law and the pedagogical demand for justice. To guide their efforts, decision makers can…

The first amendment, privacy, and due process rights of public employees are reviewed and many legal uncertainties and their effect on the public employees are noted. Special emphasis is on the first amendment and due process, since these are areas where the most challenges have taken place. (LBH)

A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…

In "Goss v. Lopez," the Supreme Court held that students have a right to a free public education, which cannot be taken away by school officials through suspensions, even temporarily, without due process of law. In "Wood v. Strickland," the Court further extended students' rights by ruling that, in the context of school…

The response of courts to terminations resulting from a financial crisis threatening a school is analyzed. That response depends, in part, on whether the teacher is asserting the infringement of a constitutional right, such as freedom of expression, or the deprivation without due process of the law of a property interest, such as a statutory or…

The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)

The authors critique legal arguments which have been used by attorneys, especially Merle S. McClung of the Center for Law and Education, in opposing minimum competency testing programs in the schools. The arguments mainly concern the 14th Amendment, racial discrimination, and the denial of due process. (SJL)

Designed to acquaint high school students with those areas of the law that they are most likely to come in contact with, this series of 15 lessons can be used in government, citizenship, law, family living, and economics classes. Although originally developed to be used with a television series, the document can be adapted to other uses. Following…

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

The applicability of Fourteenth Amendment procedural due process to private colleges and universities is discussed. After considering state action in private higher education, cases from 11 federal judicial circuits are reviewed to show how courts have applied the various theories of state action. An emerging theory of state action that is…

In the case of Ingraham vs. Wright, the United States Supreme Court ruled that under the eighth amendment school children do not have constitutional protection from the use of corporal punishment. The majority decision relies heavily on assumptions concerning the tradition and effectiveness of the use of corporal punishment in education. In an…

Litigation is discussed in which courts have established principles of law governing student academic assessments relating to course grades, admission to degree programs, and expulsion from programs for academic deficiencies and whether these academic decisions impair student's constitutional and/or contractual rights. (MSE)