The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

Punitive damages have been permitted in certain cases to deter wrongdoers from similar conduct in the future. The Supreme Court decision in the case of "Smith vs. Wade" set the standard for the award of punitive damages by permitting punitive award on varying standards of negligence, gross negligence, recklessness, or other culpable…

Reviews the efforts of Oklahoma to comply with the 1969 Supreme Court decision, "Adams v Richardson," which required states to desegregate traditionally White educational institutions. Concludes that Oklahoma has failed to increase the number of minority students in institutions of higher education but has institutionalized the…

The resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck…

In 1969 the Supreme Court, in "Tinker v. Des Moines Independent Community School District," established the right of students to freedom of expression in school unless the exercise of that right would materially and substantially interfere with the requirements of appropriate discipline or collide with the rights of others in the school.…

The paper discusses the impact of two legal cases. In "Board versus Rowley," the Supreme Court established a three-part standard for appropriate education of students with disabilities. In "Centennial versus Commonwealth," the Pennsylvania Supreme Court held that gifted students merit an Individualized Education Program and…

Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…

In Kansas City, Kansas, the school system wanted to do more than end two decades of court-ordered desegregation plans. The district created a comprehensive and integrated plan for educational improvement that can be used by any district. A three-pronged approach to school planning focuses on programs, demographics, and facilities. (MLF)

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

Contends that all of the U.S. Supreme Court Justices in 1947 agreed that the Establishment Clause of the First Amendment erected a wall of separation between church and state. Reviews Establishment Clause history, includes summaries of court opinions, and concludes that a more thorough curriculum about the wall of separation is needed. (CFR)