This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

The latest episode in the long-running struggle for control of the Constitution, and the political power that goes with it, is playing out in the federal courts in California. The contending philosophies are originalism, which holds that the Constitution should be read as it was originally understood by the framers and ratifiers, and the congeries…

Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

A case pending in a federal court of appeals in California may clarify a surprisingly murky question: Do faculty members at public universities enjoy a special privilege to speak freely about institutional matters, or, as far as the First Amendment is concerned, are they just another category of government hirelings? Juan Hong, a professor of…

Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…

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)

The Supreme Court decision in "Smith II" found two Native Americans, discharged from their jobs for using peyote as part of the sacramental service in their Native American Church, ineligible for unemployment compensation benefits. Examines how the decision has had an immediate and profound effect on judicial interpretation of free…

Since 1980, the Supreme Court has declined to grant review of any cases challenging voluntary affirmative action. The debate about its constitutionality, and about quotas, goals, timetables and other specific practices, thus seems destined to be heard only in public and political forums. (Author/GC)

In September, Oxford University Press published "Not a Suicide Pact: The Constitution in a Time of National Emergency," written by Richard Posner, a judge on the U.S. Court of Appeals for the Seventh Circuit. Judge Posner's book, which explores how people might strike a balance between constitutionally protected liberties and security concerns…

The implications and shortcomings of court rulings on negligence in libel laws are explored in this paper. The paper first discusses the particulars of the 1974 landmark "Gertz versus Robert Welch, Inc." United States Supreme Court case, in which the court ruled that private persons as well as public figures would be required to prove…

The status as of October 9, 1986 of higher education-related Supreme Court litigation is outlined concerning: accreditation, affirmative action, asbestos, bar examinations, collective bargaining, creationism, racial discrimination, infectious disease, liquor sales, pensions, pregnancy benefits, revocation of degree, sexual harassment, and student…

Discusses the comparable worth theory, which holds that women should receive compensation equal to men's for work requiring similar skills, responsibility, and effort. Reviews the Supreme Court decision in County of Washington v. Gunther, which concerns Title VII of the Civil Rights Act and sex discrimination where jobs are unequal. (Author/RW)

Examines the Supreme Court's action in a racial discrimination case "Patterson v. McLean Credit Union"; the reexamining of "Runyon v. McCrary"; and the current interpretation by the Court of a major Reconstruction-era civil rights law. Perceives a distinct shift in the Court toward conservative interpretations of civil rights…

The United States Supreme Court recently rendered a decision in the "Collins v. City of Harker Heights" case, which addressed the liability of public entities for alleged "constitutional torts." Discusses the precursors of "Collins," analyzes the decision itself, and discusses the various elements that must be…

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)