During the past 150 years U.S. courts have demonstrated a special protectiveness toward academics and academic institutions. Academic freedom was not a concern when the U.S. Constitution and the First Amendment were drafted and is not mentioned in the "Federalist Papers." However, decisions by a series of Supreme Court justices led to…

This paper describes the activities of the Youth for Justice programs nationwide. Youth for Justice is a unique national initiative that uses the power of active learning about the law to build upon the vitality of young people and to address the risks of being young in American society today. Youth for Justice involves young people in law-related…

This book has two principal aims: to clarify the topical and controversial issue of reverse discrimination and to reach some conclusions about the rights and wrongs involved in this issue. Focusing mainly on preferential hiring, the book explicitly and extensively addresses the law and the institutional context of the issues. Examination of the…

In a 1974 Yale Law School address, United States Supreme Court Justice Stewart stated that the institutional press, as far as the Constitution is concerned, is autonomous and may publish what it knows and may seek to learn what it can. He also noted that the Court had rejected the Constitutional claim of a journalist's privilege not to reveal a…

Chapter 1 of a book on school law, this article analyzes the role of the U.S. Supreme Court, and contends that there has been a judicial takeover of functions that had been delegated by the Constitution to the states and to the people. Specifically, the author argues that much of the Supreme Court's expansion of its powers rests on the selective…

Developments in court interpretation are outlined to illustrate the argument that more, and more qualified, interpreters are need to assist in both the federal and state courts. This discussion focuses principally on the criminal justice system, and includes federal statutory developments, especially concerning the implementation and impact of the…

Academic freedom is an elusive concept. Many university and college faculty members who purport to possess its protections believe they have a solid understanding of its nature and of the individual rights secured by academic freedom. There is some consensus on the meaning of the term in the academic universe. This concurrence of understanding is…

An analysis of the Supreme Court's First Amendment decisions under Chief Justice Warren Burger does not indicate any pattern of repudiation of doctrinal advances made by earlier courts. Like its predecessors, the Burger Court has dealt most frequently with First Amendment cases requiring definition and interpretation of government abridgement. In…

The "least restrictive means" test, a frequently used tool for resolving First Amendment cases in federal courts, is designed to insure that state-imposed abridgement of free expression is limited to the narrowest scope and the least impact necessary to fulfill a compelling state interest. Analysis of the history of the test since its…

Examines the origins of the U. S. Bill of Rights and constitutional guarantees, focusing on trial rights, tracing them to English antecedents and the colonial period. Explains changes in understanding and the application of trial rights, highlighting the U.S. Supreme Court's evolving influence since the nineteenth century. Outlines contemporary…

Senate confirmation hearings on President Reagan's nominees for the U. S. Supreme Court raise questions about what these nominations tell about law. The controversy that surrounded the confirmation of the Reagan nominees was a direct result of two competing conceptions of law: legal formalism and legal realism. Legal formalism views law as a…

The United States Supreme Court in New York Times v. Sullivan (1964) extended the scope of protection provided to the press when covering public officials, requiring officials claiming libel by the press to prove "actual malice" (knowledge of falsity or reckless disregard of truth or falsity). The Alien and Sedition Acts of 1798 limited…

The increased presence of drugs and weapons in schools has forced school officials to step up searches of students, lockers, and school property. The landmark case of "New Jersey vs. TLO" set standards concerning reasonable suspicion and reasonable searches. School officials must be familiar with recent court opinions on student…