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Showing 1 to 15 of 52 results Save | Export
Brink, David R. – USA Today, 1982
Argues that all bills that would limit the power of the federal courts to consider or grant remedies in cases affecting the fundamental rights of citizens under the Constitution should be held violative of the Constitution. (Author/AM)
Descriptors: Constitutional Law, Court Role, Federal Courts
Reynolds, William Bradford – 1987
Judicial activism raises the question whether the people, through their elected representatives, should make decisions about social policy issues or whether these decisions will be made by appointed members of the federal judiciary. Through a series of judicial decisions, many basic social problems have become nationalized. Yet the U.S.…
Descriptors: Constitutional Law, Court Litigation, Court Role, Federal Courts
Wilhelms, Edward W. – 1981
The author uses the experience of the Ferguson (St. Louis County, Missouri) school district to raise questions about the implications of an apparently successful attempt to eliminate the distinction between "de facto" and "de jure" desegregation. Growing out of litigation begun in 1972, the U.S. District Court in 1975 ordered…
Descriptors: Court Litigation, Court Role, Desegregation Methods, Elementary Secondary Education
Peer reviewed Peer reviewed
Wright, J. Skelly – Harvard Civil Rights - Civil Liberties Law Review, 1980
Asserts that (1) the judicial branch of the federal government should involve itself less in the lives of the citizenry except in the area of equal rights for disadvantaged minorities; and (2) to accurately judge effects of alleged discrimination, one must know who is the victim and to what class he belongs. (Author/GC)
Descriptors: Civil Rights, Court Role, Disadvantaged, Equal Protection
Peer reviewed Peer reviewed
Delon, Floyd G. – West's Education Law Reporter, 1990
Examines recent lower court rulings on students' First Amendment rights. The current disputes center on (1) requiring the flag salute; (2) banning symbols; (3) removing books from the curriculum; and (4) preventing the distribution of publications. Projects the Supreme Court's position should the issue again reach that level. (MLF)
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts
Dayton, John – West's Education Law Quarterly, 1994
Provides a brief history of the Supreme Court's pivotal decisions on public school desegregation. Reviews the Court's decisions in "Board of Education v. Dowell" and "Freeman v. Pitts." Provides an analysis of "Freeman" and its effect on public school desegregation law. (68 footnotes) (MLF)
Descriptors: Court Role, Desegregation Litigation, Elementary Secondary Education, Federal Courts
Russo, Charles J. – West's Education Law Quarterly, 1995
In "United States v.Lopez," a highly fractured United States Supreme Court, in a five-to-four ruling that generated six different opinions, affirmed that Congress had exceeded its authority in adopting the Gun-Free School Zones Act. Provides an in-depth examination of the Court's ruling and concludes with an analysis of the legal issues…
Descriptors: Court Role, Elementary Secondary Education, Federal Courts, Federal Legislation
Peer reviewed Peer reviewed
Russo, Charles J.; Gregory, David L. – Journal of Law and Education, 1991
Examines key legal tensions flowing from the return of organized student-sponsored prayer to public schools. Claims that political "conservatism" has subordinated individual liberty to the unwarranted power of the federal government. (19 references) (MLF)
Descriptors: Court Litigation, Court Role, Federal Courts, Public Schools
Schimmel, David – West's Education Law Quarterly, 1994
In "Lambs Chapel," the Supreme Court struck down a complete prohibition against afterhours use of public schools by religious groups. Summarizes lower court decisions, and then the opinions of Justices White, Scalia, and Kennedy. Examines the Court's consensus about protecting religious perspectives under the Free Speech Clause and the…
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Russo, Charles J.; Rossow, Lawrence F. – West's Education Law Reporter, 1990
Traces the judicial history of the Supreme Court's ruling in "Jenkins" that federal judges have the authority to order local governments to increase taxes to pay for the cost of integrating a school system. Praises the Supreme Court for acting when state laws and local taxpayers fell short of providing the necessary funds to implement a…
Descriptors: Court Litigation, Court Role, Desegregation Litigation, Desegregation Plans
Vacca, Richard S.; Hudgins, H. C., Jr. – West's Education Law Quarterly, 1992
Thirty-eight years have elapsed since the "Brown" decision outlawing public school segregation. Part 1 reveals three clearly identifiable periods of judicial development. Part 2 treats unanswered questions and attitudes of school officials pre-"Dowell." Part 3 examines the post-"Dowell" period to the present and…
Descriptors: Compliance (Legal), Court Role, Elementary Secondary Education, Federal Courts
McCarthy, Martha M. – West's Education Law Quarterly, 1993
In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…
Descriptors: Court Litigation, Court Role, Federal Courts, Freedom of Speech
Peer reviewed Peer reviewed
Parker, Roak J. – West's Education Law Reporter, 1991
The basic legislative, administrative, and judicial histories of Title IX are examined through the three cases that addressed the issue of creating compensatory damages. Presents an analysis and recommendations concerning compensatory damages under Title IX. (104 references) (MLF)
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts
Labunski, Richard – 1988
Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…
Descriptors: Constitutional Law, Court Judges, Court Litigation, Court Role
Peer reviewed Peer reviewed
Walker, George K. – Washington and Lee Law Review, 1980
It is demonstrated that the Model Rule's policy of granting the courts final control over clinical cases and clinical legal education is simply a manifestation of their traditional authority over case conduct and the lawyers appearing before them. (Journal availability: Washington & Lee University School of Law, Lexington, VA 24450, $4.00.)…
Descriptors: College Curriculum, Court Role, Curriculum Development, Federal Courts
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