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The Courts, the Schools, and the Constitution
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Driver, Justin – Phi Delta Kappan, 2018
Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…
Descriptors: Constitutional Law, Public Schools, Courts, United States History
Courtside: Constitutionalizing "Detentions"
Zirkel, Perry A. – Phi Delta Kappan, 2005
This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…
Descriptors: Court Litigation, Constitutional Law, Student Rights, Parent Rights
High Court Splits on Search of Public Employee's Office.
Flygare, Thomas J. – Phi Delta Kappan, 1987
Presents divergent opinions of Justice Sandra Day O'Connor (for the plurality), Justice Antonin Scalia, and Justice Harry Blackmun in the Supreme Court decision to return the case of "O'Connor v. Ortega" (questioning the constitutionality of searching a public employee's office) to the district court. O'Connor rejected the notion that…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Educational Administration
U.S. Supreme Court Volunteers to Decide New Jersey Student Search-and-Seizure Case.
Flygare, Thomas J. – Phi Delta Kappan, 1984
Reviews the status of Supreme Court deliberations in questions surrounding a New Jersey school's search of a student's purse. The state courts found the search unreasonable and reversed a lower court decision. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Search and Seizure
An Unmitigated Disaster?
Zirkel, Perry A. – Phi Delta Kappan, 2002
Discusses federal district court decision dismissing suit brought by three Texas high school students claiming that their Fourth and Fourteenth Amendment rights were violated when police, at request of administrators, entered school and rounded up, handcuffed, and detained them and 11 other students who "hung out" with a student arrested…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, High Schools
Urinalysis?
Zirkel, Perry A. – Phi Delta Kappan, 1999
By upholding a student's refusal to provide a urine sample, the Seventh Circuit Court correctly avoided further erosion of the Fourth Amendment's privacy principle. In "New Jersey v T.L.O." (1995), the U.S. Supreme Court shrunk the probable-cause standard to reasonable suspicion in the special context of public schools, retaining the…
Descriptors: Court Litigation, Drug Use Testing, High Schools, Privacy
Courtside: Private Effects?
Zirkel, Perry A. – Phi Delta Kappan, 2004
After being accused of sexually harassing a student, a high school math teacher in New York was suspended with pay pending an impartial hearing. The district allowed the teacher to return to his classroom to collect his personal effects, which he had kept in boxes, desk drawers, and three filing cabinets, one of which was locked. He did not…
Descriptors: Court Litigation, Constitutional Law, High School Teachers, Search and Seizure