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Robert Kim – Phi Delta Kappan, 2024
New Title IX regulations issued by the Department of Education expand the types of sexual harassment schools must address and give schools greater flexibility in how they handle hearings. But the Supreme Court's recent ruling in "Loper Bright Enterprises v. Raimondo" expands courts' roles in how federal agencies interpret and enforce…
Descriptors: Gender Discrimination, Federal Legislation, Educational Legislation, Sex Fairness
Zirkel, Perry A. – Phi Delta Kappan, 2002
Summarizes outcome of appeals to federal circuit courts of appeal and to the U.S. Supreme Court by losing parties. With few exceptions, appeals result in no significant changes in holdings. (Contains 27 references.) (PKP)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1984
Jesse Vail sued an Illinois board of education in federal court over a contract dispute. The court awarded Vail damages, the decision was upheld on appeal, and the U.S. Supreme Court will be reviewing the decision in 1984. (MD)
Descriptors: Contracts, Court Litigation, Due Process, Elementary Secondary Education
Zirkel, Perry A. – Phi Delta Kappan, 2003
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)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, State Church Separation
Flygare, Thomas J. – Phi Delta Kappan, 1977
Title IX provides no private right of court action. (Author/IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Higher Education
Zirkel, Perry A. – Phi Delta Kappan, 2001
Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Middle Schools
Zirkel, Perry A. – Phi Delta Kappan, 2001
Discusses recent Third Circuit Court of Appeals decision in Pennsylvania case supporting claim that State College Area School District's anti-harassment policy violated two students' First Amendment right of free expression because it was overbroad. Draws lessons for public school officials. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1983
A series of legal actions brought by Elmo Tatum charging the University of Nebraska with discriminatory policies is reviewed. The United States Supreme Court awarded the university damages because of the "frivolous" nature of Tatum's appeal, and the essay concludes that this may inaugurate a campaign against the flood of litigation. (MJL)
Descriptors: Civil Rights, Court Litigation, Federal Courts, Higher Education
Flygare, Thomas J. – Phi Delta Kappan, 1976
A federal court held that a state law requiring one minute of meditation or prayer in the public schools is legal. (IRT)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1982
The U.S. Supreme Court decision in "Valley Forge Christian College v. Americans United for Separation of Church and State, Inc." may indicate a reluctance to involve federal courts in cases concerning issues such as school prayer, the science curriculum, and the selection of textbooks and library books. (Author/WD)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Higher Education
Flygare, Thomas J. – Phi Delta Kappan, 1977
Descriptors: Busing, Court Litigation, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1983
Discusses the U.S. Supreme Court's decision in "San Antonio Independent School District v. Rodriguez," handed down 10 years ago, concerning financial equity in the Texas school finance program. Summarizes Justice Powell's majority opinion and Justice Marshall's dissent and introduces the two following articles assessing the decision's…
Descriptors: Court Litigation, Educational Equity (Finance), Elementary Secondary Education, Equalization Aid
Phi Delta Kappan, 1983
John Coons, coauthor of a book on equity in public education finance that influenced the theories tested in "San Antonio Independent School District v. Rodriguez," discusses the issues involved in the case, the likely impact had the decision favored the plaintiffs, and the future of school finance reform. (RW)
Descriptors: Court Litigation, Educational Equity (Finance), Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1977
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Freedom of Speech
Flygare, Thomas J. – Phi Delta Kappan, 1980
This case is significant because it goes further than any other earlier decision in describing the outlines of the substantive due process concept as it applies to school discipline. (Author)
Descriptors: Constitutional Law, Corporal Punishment, Court Litigation, Due Process