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Full-Text Articles in Law
The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg
The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg
Pepperdine Law Review
Since the infamous Scopes trial the matter of the constitutional validity of the "anti-evolution" laws has plagued both legal scholars and school administrators. The courts have generally invalidated legislation which bans outright the teaching of evolution in public schools, but with the advent of the "balanced treatment" acts, a revival of this litigation has begun. The author examines the constitutional analysis utilized by the courts in dealing with the "anti-evolution" and "balanced treatment" acts and provides an historical perspective of the first amendment to question the Court's response to the issue.
The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe, Diane I. Osifchok
The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe, Diane I. Osifchok
Pepperdine Law Review
The recent decision in the case of Plyer v. Doe has seemingly solidified the use of the intermediate level of scrutiny as a legitimate standard of review. The Supreme Cour4 in its refusal to apply both the harsh level of strict scrutiny and the often inadequate lower level of a rational basis standard, sought a mid-level analysis. Thus, the intermediate level of review enabled the Court to hold the Texas statute which denied undocumented alien children a free public education constitutionally infirm.
An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell
An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell
Pepperdine Law Review
Section 1113 of the Department of Defense Authorization Act passed in 1982 prohibits the receipt of Title IV educational funds by students who do not comply with draft registration requirements. In Selective Service System v. Minnesota Public Interest Research Group, the United States Supreme Court upheld section 1113 in the face of a multi-tiered constitutional challenge. After exploring the history of section 1113, the author examines the Supreme Court's analysis of each of the constitutional challenges: bill of attainder, privilege against self-incrimination, and equal protection. Finally, the author investigates the probable impact of the Court's decision.
New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead
New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead
Pepperdine Law Review
No abstract provided.