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Texas Wesleyan Law Review

Authors

Emily Crockett

Publication Date

10-1-2003

Document Type

Note

Abstract

This Note argues that the Court should return to the fact-specific balancing test utilized in Vernonia and close the door to the further expansion of suspicionless drug testing in public schools. Part II of this Note will discuss the steady erosion of Fourth Amendment protections in the school context, as well as the expansion of drug testing outside the school setting. Part III will discuss the factual and procedural background of Pottawatomie and will focus on the Supreme Court's analysis and the dissent's application of the Vernonia standard to Pottawatomie's facts. Part IV will explore the problems and ramifications of the Pottawatomie decision. Part V will offer recommendations for what the Court should do in the future to protect the Fourth Amendment rights of students and prevent the further expansion of drug testing in schools. Part VI will summarize and conclude.

DOI

10.37419/TWLR.V10.I1.11

First Page

229

Last Page

258

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