The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

This second brief of a three-part series explores the systemic underfunding of HBCUs in Maryland, and their attempts to correct these challenges, first through the courts and then through legislation. Maryland was one of the first states to reach such a monumental agreement in the sustainability of HBCUs. The first brief explored the national…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Recent reports on discrimination in private schools have led some observers to decry the fact that private and charter schools receiving public tax dollars selectively exclude some populations from both employment and enrollment; others, however, note that in these and similar instances the schools have broken no laws. Both may be right. How can…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

A growing number of states and local schools across the country have adopted educator evaluation and accountability programs based on the use of student test scores and value-added models (VAM). A wide array of potential legal issues could arise from the implementation of these programs. This article uses legal analysis and social science evidence…

An academic leader needs to have a basic understanding of the relevant constitutional and statutory provisions, evolving laws, and legal issues affecting higher education and the relationship between legal considerations and academic administration. At the same time, an academic leader must focus on accomplishing the goals, objectives, and…

Argues that integration and bilingual education are compatible and that, for a bilingual program to be constitutional, it should be both optional and open to all students. Available from University of Pennsylvania Law School, 3400 Chestnut Street, Philadelphia, PA 19104; sc $3.00. (Author/IRT)

This legal analysis of the issue of race-exclusive scholarships at colleges and universities and institutions receiving federal funds concludes that such scholarships are permissible under the Constitution or Title VI but only under limited circumstances (such as to remedy effects of prior identifiable institutional discrimination). (MSE)

Explores the issue of whether minority scholarships are illegal under federal statutes or the Constitution. Concludes that, according to Title VI and Supreme Court decisions, minority scholarships would be legal when offered by private schools and by public schools that could meet the court's requirements. (112 references) (MLF)

Testimony concerning the Supreme Court decisions in the case of Grove City College v. Bell (1984) is presented in this document. The Courts ruling that Federal aid to a student constitutes funding only of the college's student air program, nor the entire institution, reflected the more persuasive reading of the Title IX Education Amendments,…

Argues that educational justice requires that schools and educators take affirmative action to apply the principles of federal and state constitutional provisions, statutes, and cases to cyberspace (Internet) access. Describes demographics of "digital divide." Analyzes developing law of cyberspace and addresses its implications for law,…

In the last 3 decades, Congress has enacted a number of civil rights statutes prohibiting discrimination in educational programs and activities receiving federal financial assistance. These statutes are: Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination); Title IX of the Education Amendments of…

In an expansion of his paper presented at the American Bar Association's 1978 annual meeting, Professor Goetz reviews the 1977 Supreme Court labor law decisions, focusing on employment discrimination cases and the legality of affirmative action programs in the decision in Board of Regents of the University of California v Bakke. (MF)