Martin H. Belsky, Random vs. Suspicion-Based Testing in the Public Schools-A Surprising Civil Liberties Dilemma, 27 OKLA. CITY U.L. REV. 1 (2002). In Earls v. Bd. Of Educ., the Tenth Circuit decided that since the school in question did not have a particular drug problem, the privacy rights of students involved in extracurricular activities (except athletics) outweighed the interest the district had in drug testing participants. The majority found that a school district must have some reasonable suspicion on an individualized basis to test. The author concludes that the potential for abuse of this standard outweighs the injury to students when there is a broad random testing program.
Marianna Brown Bertram, Comity and the New Federalism Through the Lens of School Vouchers, 29 N. KY. L. REV. 455 (2002). The author discusses how the Simmons-Harris v. Zelman case was treated differently in the federal and state courts. This case illustrates how the new federalism, a trend to interpret state constitutions as providing greater protection for individual liberties, may lead to the creation of a greater body of state constitutional law.
Jay S. Bybee and David W. Newton, Of Orphans and Vouchers: Nevada's "Little Blaine Amendment" and the Future of Religious Participation in Public Programs, 2 NEV. L.J. 551 (2002). Many states have laws patterned after a failed 1876 Constitutional Amendment which prevent control of public funding by religious sects. Nevada will be forced to address its own amendment as faith-based groups seek access to funds on an equal basis with public programs and facilities.
Mark. W. Cordes, Prayer in Public Schools After Santa Fe Independent School District. 90 KY. L.J. 1 (2001-2002). The author examines the legal history of school prayer in public schools and cites cases that found prayer unconstitutional. Coerciveness and endorsement are the two themes that are mainly discussed when courts hold that children should not be subjected to public school-led prayer or moments of silence. The author believes that there may be a Constitutional distinction between strict school-led prayer and situations such as moments of silence when a student could voluntarily refrain from prayer.
Jerry Ellig and Kenneth Kelly, Competition and Quality in Deregulated Industries: Lessons for the Education Debate, 6 TEX. REV. L. & POL. 335 (2002). A strictly empirical analysis of school deregulation. The authors begin with evidence from the deregulation of surface freight transportation, long distance telecommunications, and the airline industry. Next, they analyze school choice experiments such as state vouchers and private school scholarships. The conclusion is that deregulation of education would provide the same enhanced overall quality as deregulation of the other industries.
Paul Goodwin, Student Drug Testing Since Veronia: "Guidance Down the Slippery Slope," 38 WILLAMETTE REV. 579(2002). The United States Supreme Court has ruled that suspicionless drug testing of high school athletes is Constitutional. The Veronia decision addressed the fact that athletes voluntarily participated in sports and knew of the possible drug testing and that they stand in a special position as role models to the other students. The author contemplates the potential for problems in school systems where schools can begin random suspicionless drug testing of any student.
Debbie Kaminer, Bringing Organized Prayer in Through the Back Door: How Moment of Silence Legislation for the Public Schools Violates the Establishment Clause, 13 STAN L. & POL'Y REV. 267 (2002). Since the Supreme Court has declared that organized school-led prayer is unconstitutional, legislators have introduced legislation that allows for moments of silence in public schools. The author believes that even these moments of silence violate the Establishment Clause of the Constitution because it is an effort to promote school prayer by claiming that it is a private exercise. …