Academic journal article Journal of Law and Education

Law Review Digests: Primary & Secondary Education

Academic journal article Journal of Law and Education

Law Review Digests: Primary & Secondary Education

Article excerpt


Primary & Secondary Education


Paul M. Anderson, The Supreme Court Sets the Standard: Drug Testing at the Interscholastic Level, 4 Tex. Rev. Ent. & Sports L. 1 (2003). The author explains the concepts of search and seizure in a public school setting. The article gives an overview of the standards the Supreme Court has created relating to those issues, including the special needs test and the reasonableness balancing test. The drug testing of student athletes is analyzed and compared to the drug testing of students involved in extracurricular activities. The author proposes that the possibility exists for school-wide drug testing in the future.

Francis J. Beckwith, Science and Religion Twenty Years After McClean v. Arkansas: Evolution, Public Education, and the New Challenge of Intelligent Design, 26 Harv. J.L. & Pub. Policy 455 (2003). This article is an analysis of the constitutional concerns in teaching creationism, evolution, and intelligent design to public school students. The author explains each theory and outlines the cases that have dealt with these areas of teaching. The author also gives an extensive review of the types of scientific research that support the intelligent design theory. This article proposes that intelligent design theory provides an opportunity through proven scientific methods to teach scientific theory that differs from evolution without violating constitutional rights.

Eric Blumenson and Eva S. Nilsen, One Strike and You're Out? Constitutional Constraints on Zero Tolerance in Public Education, 81 Wash. U.L.Q. 65 (2003). Zero tolerance policies impose suspension and even expulsion for misbehavior that would traditionally have been dealt with through lesser sanctions such as counseling and detention. The authors discuss the role of zero tolerance as a school policy and explore whether the Constitution limits the use of this policy. The discussion focuses on whether such policies deny students a free and appropriate public education. They come to the conclusion that it is immoral to prevent a child from obtaining an education, one of the basic tools needed for survival.

Allen M. Brabender, The Crumbling Wall and Free Competition: Formula for Success in America's Schools, 79 N.D. L. Rev. 11 (2003). This article examines the Establishment Clause in the First Amendment to determine the constitutionality of school voucher programs in inner-city public schools. The Establishment Clause states that Congress cannot make laws establishing a religion. Based upon the push to promote competition and choice in education, states are now allowing students in failing public schools to use the vouchers at any qualifying school, including private schools. A conflict occurs because a large number of private schools are affiliated with a particular religion. The author concludes that, in light of recent Supreme Court decisions that support education programs that are religion neutral, the vouchers are constitutional.

Eric A. DeGroff, State Regulation of Nonpublic Schools: Does the Tie Still Bind?, 2003 B.Y.U. Educ. & L.J. 363 (2003). The article explains that state regulatory schemes involve a combination of social and political forces. It includes a discussion of current regulatory schemes and determines whether a real choice is available in nonpublic schools. The author also discusses how actual levels of regulation have evolved over time.

Todd A. DeMitchell and Casey D. Cobb, Policy Responses to Violence In Our Schools: An Exploration of Security as a Fundamental Value, 2003 B.Y.U. Educ. & L.J. 459 (2003). This article discusses how the public school system responded to the need for heightened security and explores the possibility that security has become the prevalent factor in today's educational policy making.

Todd A. DeMitchell and Terri A. DeMitchell, Statutes and Standards: Has the Door to Educational Malpractice Been Opened? …

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