The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

Punitive damages have been permitted in certain cases to deter wrongdoers from similar conduct in the future. The Supreme Court decision in the case of "Smith vs. Wade" set the standard for the award of punitive damages by permitting punitive award on varying standards of negligence, gross negligence, recklessness, or other culpable…

The Supreme Court decision in "Johnson v. Transportation Agency" supports affirmative action in principle. However, the types of affirmative action the courts will allow will continue to vary significantly. Questions and answers provide guidance for educational institutions. (MLF)

Three federal court decisions dealing with use of public university and public school facilities for student religious activities are outlined. The court decisions illustrate a "capriciousness" in the application of the "public forum" and "impressionable youth" issues and leave many questions unanswered. (MD)

Can a school board choose a minority teacher, using race as a "plus" factor to promote a more diverse faculty for students' benefit? A school board in New Jersey unanimously voted to keep the minority instructor. The case of "Taxman" involves how much academic discretion educators should have in putting together a faculty. The…

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…

The United States Supreme Court's decision in "Hazelwood School District v. Kuhlmeier" affirms that school officials have authority over school-sponsored publications. How supervision of student expression is exercised will teach young people a powerful lesson in freedom of the press--or oppression. (MLF)

The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…

James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…

Addresses the question of whether student prayer groups should be allowed to use school facilities. The Equal Access Act allows all noncurricular student groups to meet, whereas four federal appellate court decisions ban prayer groups on the basis that separation between church and state outweighs students' right to free speech. (WTH)

This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…

Last year, the U.S. Court of Appeals for the 11th Circuit ruled in "Davis" that a student can sue for damages if school officials know a student is being sexually harassed but fail to intervene. (MLF)

Reviews the efforts of Oklahoma to comply with the 1969 Supreme Court decision, "Adams v Richardson," which required states to desegregate traditionally White educational institutions. Concludes that Oklahoma has failed to increase the number of minority students in institutions of higher education but has institutionalized the…

Illustrates how the Supreme Court has been divided in its 1989 decisions on affirmative action. Reviews the following cases: City of Richmond v. J.A. Croson Co.; Price Waterhouse v. Hopkins; Wards Cove Packing Company, Inc. v. Antonio; Martin v. Wilks; Lorance v. AT&T Technologies, Inc.; Patterson v. McLean Credit Union; and Jett v. Dallas…