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Affecting Eternity: The Court\u27s Confused Lesson in Board of Education v. Earls

Abstract

In Board of Education v. Earls, the US. Supreme Court found the random drug testing of schoolchildren who participated in extracurricular activities to be reasonable under the Fourth Amendment. In this Article, Professor Dery argues that this latest extension of the special needs doctrine is both patronizing to student privacy interests and inconsistent with the Court\u27s previous limitation of suspicionless searches in New Jersey v. T.L.O. and Chandler v. Miller. Professor Dery criticizes the Court\u27s Earls decision as a confused lesson in constitutional law, abandoning the very fundamentals of the Fourth Amendment

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