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McGarry, Stephen J. – Labor Law Journal, 1980
The revitalization of the Contract Clause indicates that it is not the public employee who must be the first to sacrifice to get a city out of financial trouble. (Author/IRT)
Descriptors: Collective Bargaining, Contracts, Court Litigation, Government Employees

Thornton, Peter W. – Indiana Law Journal, 1980
Argues that the Constitution did not originally recognize state immunity from suit in federal courts and that the Eleventh Amendment is narrow in scope and limits judicial power only where the sole basis of jurisdiction is the character of the parties. Available from Indiana University School of Law, Lax Annex II, Bloomington, IN 47405.…
Descriptors: Constitutional Law, Court Litigation, Court Role, Federal State Relationship

Newland, Samuel J. – Public Administration Review, 1989
Provides historical perspectives on control of the National Guard by examining early writings to determine the original intent for what was the militia. Argues that it was established to defend the nation, but current governors are attempting to assert a stronger state role. Such actions could undermine national defense. (Author/CH)
Descriptors: Adult Education, Federal State Relationship, Foreign Countries, Military Training
Anderson, Tom – American Education, 1982
Describes the response of the Department of Education to the demand from the nation's teachers for relief from regulations and procedures which some teachers find burdensome. The author defines regulatory relief and discusses the elimination of fraud, waste, and abuse; compliance with civil rights regulations; and state and local relationships.…
Descriptors: Civil Rights Legislation, Federal Aid, Federal Regulation, Federal State Relationship
Catz, Robert S.; Lenard, Howard B. – Hastings Constitutional Law Quarterly, 1979
In "De Canas" the Supreme Court removed the spectre of preemption on the basis of an obscure notion of implied congressional intent, leaving only objective factors to be applied. Available from William S. Hein & Co., Inc., 1285 Main Street, Buffalo, NY 14209. (Author)
Descriptors: Federal Legislation, Federal State Relationship, Illegal Immigrants, State Legislation
Gottesman, Roberta – Principal, 1981
Discusses the state's role in intervening in cases of child abuse and the four types of abuse: physical abuse, sexual abuse, emotional abuse, and neglect. The author offers alternatives to state intervention and explores the legal ramifications of the mandatory reporting laws. (WD)
Descriptors: Child Abuse, Child Neglect, Corporal Punishment, Elementary Secondary Education
Hamm, Roger W.; Crosser, Sandra – American School Board Journal, 1991
The only states forbidden to charge school fees are Idaho and Florida. School boards' right to assess student fees is rooted in each state's constitution, statutes, and court decisions. Student fees violate our nation's ideal of free public education, which has helped advance democracy. A table shows state-by-state fee policy comparisons. (MLH)
Descriptors: Access to Education, Boards of Education, Democratic Values, Elementary Secondary Education

Cord, Robert L. – Educational Leadership, 1987
Discusses interpretations of the establishment clause of the First Amendment. Outlines how Supreme Court decisions involving separation of church and state have been based on misinterpretations both of the First Amendment and of the intentions of its framers. (MD)
Descriptors: Constitutional History, Constitutional Law, Court Litigation, Elementary Secondary Education
Miller, Bruce A. – Labor Law Journal, 1979
Argues that a carefully drafted amendment to the National Labor Relations Act can withstand constitutional challenge and that the standards set forth in "League of Cities" can be met. (Author/IRT)
Descriptors: Collective Bargaining, Constitutional Law, Court Litigation, Federal Legislation

Kirkman, G. Michael – University of Dayton Law Review, 1980
Examines the growth of equitable relief in school desegregation cases and the impact of the Supreme Court's doctrine delimiting the role of lower federal courts when they exercise equity jurisdiction in civil rights cases. Available from Business Manager, University of Dayton Law Review, 300 College Park, Dayton, OH 45469. (Author/IRT)
Descriptors: Constitutional Law, Court Litigation, Court Role, Desegregation Methods

Stephenson, D. Grier, Jr. – Social Studies Journal, 1991
Reviews the Bills of Rights' creation and rationale. Discusses the Fourth and Fourteenth amendments and analyzes their current status. Emphasizes the Supreme Court's interpretive role. Argues that reliance on the courts will eventually result in legal interpretations that reflect dominant national opinion. Urges greater citizen responsibility for…
Descriptors: Citizenship Responsibility, Civil Liberties, Constitutional History, Constitutional Law

Burger, Warren E. – NASSP Bulletin, 1983
Suggested methods for principals to enhance the constitutional literacy of their students preface a speech by the Chief Justice that analyzes the historical context of the Constitutional Convention with particular reference to the problematical fear of central power. (MJL)
Descriptors: Citizenship Education, Constitutional History, Democratic Values, Elementary Secondary Education
DeLoughry, Thomas J. – Chronicle of Higher Education, 1989
The Supreme Court will not hear an appeal by a software publisher suing the University of California at Los Angeles for copying its computer programs, upholding state rights in copyright law. However, federal legislation paving the way for such suits in the future is being drafted. (MSE)
Descriptors: Computer Software, Constitutional Law, Copyrights, Court Litigation

Millard, Richard M. – Journal of Higher Education, 1979
State responsibility for chartering, incorporating, and authorizing postsecondary institutions to operate has become crucial in recent years. It is acknowledged that states have made major progress in strengthening their authorizing and regulatory functions but continued progress is needed. (Author/LBH)
Descriptors: Academic Standards, Accreditation (Institutions), Educational Quality, Higher Education

Cibulka, James – Educational Review, 1990
Interprets the development toward greater and less regulation in U.S. educational reform movements in the context of state power. Reviews core and ancillary reform strategies and reflects on reform as the decline of an organizational consensus. (SK)
Descriptors: Change Strategies, Educational Change, Elementary Secondary Education, Federal Regulation