Explores the legal status of public school teachers' wearing religiously distinctive clothing in the absence of specific state prohibition. Analyzes the effects of laws prohibiting teachers from wearing religious clothes and argues for the abolition of religious dress statutes. (40 references) (MLF)

Responds to Hindy Lauer Schachter's article that criticized the "religious garb" statutes that prohibit public school teachers from wearing religious attire while teaching. Contends that Schachter considers the issue solely from the teacher's point of view. Argues that there are other factors that public school administrators have to…

Employers of teachers in public schools in Australia can be, and have been, held liable for the wrongs committed by the teachers in the course and within the scope of their employment. Analyzes the development of this vicarious liability. (54 references) (MLF)

Two union lawyers concede that employer concern about substance abuse is legitimate but object to the invasion of individual privacy and the assault on worker dignity. Describe the standards that must be met for drug testing to be constitutionally valid and identify the unreliable technology of drug tests. (MLF)

Describes the litigation initiated by the National Association for the Advancement of Colored People on behalf of 14 black school children. Analyzes the court's approval of an integration plan and advances reasons for the white community's initial (and continued) acceptance of desegregation and the factors that indicate the practical limits of…

Argues for a balance of copyright incentives more favorable to education: (1) introduces the dilemma of choice between infringing others' copyrights and observing legal procedure; (2) discusses Congress's accommodation of education under the Copyright Act of 1976; (3) describes a legislative solution; and (4) suggests statutory language for an…

Examines historical and contemporary conditions underlying South Carolina's landmark Educational Improvement Act and Education Finance Act. Analyzes the nonadjudicative T-formation methodology used to achieve passage of this legislation. Although these statutes brought systematic change to public education, both contain loopholes that undermine…

Discusses how using "Pickering v. Board of Education" or "Hazelwood School District v Kuhlmeier" as precedents in cases involving classroom speech by teachers has fostered court inconsistency. Proposes a judicial standard that emphasizes adequate notice to teachers when certain speech is proscribed and scrutinizes school-board…

In the Schempp decision, the United States Supreme Court held that Bible reading and prayer in the public schools during normal hours violated the first amendment's religious freedom protections. Looks at State statutory or constitutional compliance; court action in upholding or invalidating statutory or constitutional provisions; applicable…

In the Spring 1995 issue of this journal, Angela Smith contended that open enrollment is not mutually exclusive with desegregation. Joseph McKinney's response presents enrollment percentages and related historical information for Omaha and Iowa and asserts that the typical effect of school choice is to increase not only racial segregation but also…

In the April 1999 issue of this journal, Michael Ferraraccio argues that the justifications advanced for using metal detectors in schools are not sufficiently compelling to outweigh students' Fourth Amendment privacy rights. In the accompanying Counterpoint, Robert Johnson cites lower court cases to support the constitutionality of their used on a…

The Handicapped Children's Protection Act of 1986 authorizes courts to award attorneys' fees to handicapped children. Examines Supreme Court's decisions and the history of the act, then analyzes the innovative features of its attorneys' fees provisions. (MLF)

In 1989, the supreme courts of Montana, Kentucky, and Texas declared their respective school finance systems unconstitutional. Explores why these cases represent a major change in litigation and will prompt a third wave of school finance reform litigation. (MLF)

Focuses First Amendment claims within the public schools: (1) claims of students to free expression; (2) right of students to receive information; (3) right of teachers to use materials and teaching methods of choice; and (4) right of parents to have their children exempted from assertedly objectionable materials. (MLF)

Hugh D. Jascourt describes a new way to negotiate called "collaborative bargaining." Nancy E. Peace, who had a neutral role, describes her experiences with the method in five Massachusetts school districts, and provides reference sources. Responses are from Naomi R. Stonberg, a school committee attorney, and Ellen M. Suarez, a consultant…