The ramifications of the judicial demand that the Federal Communications Commission "articulate with reasonable clarity its reasons for decision" are explored through recent court decisions. (JMF)

Analyzes California case ("Newdow v. U.S. Congress") involving Constit utional challenge to the phrase "under God" in the Pledge of Allegiance wherein the Ninth Circuit Court of Appeals held that the phrase violated the Establishment Clause requiring state-church separation. (Contains 11 references.) (PKP)

Observes that the bulk of the federal judiciary's business is handled by lower federal courts. Discusses the evolving structure and business of the federal judiciary, district courts, circuit courts of appeal, declining federal supervisory capacity due to rising case loads, and future problems likely to be faced by the federal judiciary. (DSK)

Describes the problem arising from the Supreme Court's divided opinion in the 1978 higher education affirmative-action case of "Regents of the University of California v. Bakke"; discusses the outcome of several affirmative-action cases since "Bakke"; speculates on future efforts to further student diversity in higher…

This guide identifies those 307 United States Supreme Court opinions between 1799 and 2001 that cited one or more federally recognized American Indian treaty. In total, there are 1,325 citation entries to 209 of these 375 recognized instruments. Two tables present these data: one ordered by ratified treaty number and one by Court case title.

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

In 2005, the United States Supreme Court rendered a closely divided opinion that extends the protections against discrimination provided by Title IX of the Education Amendments of 1972 to include a private cause of action for retaliation in "Jackson v. Birmingham Board of Education." Therefore, "whistleblowers," or employees who report allegedly…

Despite the creeping resegregation of public schools, recent court decisions have been involved in the lifting of court-ordered desegregation decrees, which could arguably cause further segregation. When dismissing desegregation decrees, lower courts have relied on three U.S. Supreme Court decisions during the 1990s that permitted a lower standard…

Within the purview of Title VII of the Civil Rights Act of 1964, legislation has specifically addressed testing practices. Reviews the historical perspective of employment testing, nonuniformity of lower court interpretations of Title VII, and Supreme Court decisions; and presents recommendations for administrators and legislators. (MLF)

Reviews immigration laws and Federal Court decisions of 1985 establishing precedents for immigration litigation. Focuses on decisions concerning asylum and deportation; agricultural workers; adjustment of immigrant status; and deferred action. Argues that the recent sharp increase in immigration litigation indicates a need for immigration reform…

The concept of comparable worth bases its legal claims in the Equal Pay Act of 1963, the Civil Rights Act of 1964, and a 1981 decision of the United States Supreme Court. Still, assertions that comparable worth should be invoked to correct wage discrimination have usually been rejected in federal courts. (PGD)

In "Lynch v. Donnelly" (the Pawtucket, Rhode Island, creche decision), the United States Supreme Court has signaled its willingness to give greater latitude to government involvement in religious activity. (TE)

This discussion of movie censorship outlines federal court cases involving controversial films which led to the development of the Motion Picture Association of America Code and Rating System. The Age-Classification System and the President's Commission on Obscenity and Pornography established in 1968 are described. (EJS)

Discusses events in a legal dispute sparked by an order of the Board of Education in the Island Trees School District, New York, to remove certain books from high school and junior high school libraries. Opinions of justices of the Supreme Court are noted. (EJS)