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Wards Cove Packing Co, Inc. v Atonio: The Changing Rules of Civil Rights.
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Henn, Edward M.; Pell, Sarah W. J. – West's Education Law Reporter, 1990
The United States Supreme Court, in an employment practices case, apparently moved away from protecting the individual's rights against discrimination. However, the case focused on the theory of disparate impact, not disparate treatment, and hardly signals the end of civil rights. Suggests a review of school district employment practices and…
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Employment Practices
Has "Wisconsin v. Yoder" Been Reversed? Analysis of "Employment Division v. Smith."
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Mawdsley, Ralph D. – West's Education Law Reporter, 1990
Compares the Supreme Court ruling in "Employment Division, Department of Human Resources of Oregon v. Smith," involving the denial of unemployment compensation to two employees discharged because they ingested peyote, to "Wisconsin v. Yoder," mandating exemption to Amish parents of the state's uniformly applied compulsory…
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Federal Courts
When Is a School District Liable under 42 U.S.C. Section 1983?--The Evolution of the "Policy or Custom" Requirement.
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Horner, Jeff – West's Education Law Reporter, 1991
Section 1983 opened the federal courts to private citizens by creating a cause of action for invasion of rights protected by federal law. Liability can only be established through proof that injury was occasioned by the implementation of municipal "policy or custom." Examines the evolution of this court doctrine. (MLF)
Descriptors: Civil Rights, Constitutional Law, Court Doctrine, Court Litigation
Harmonizing Alternative Theories of Employment Discrimination: Implications for School District Employers.
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Beckham, Joseph – West's Education Law Reporter, 1990
Recent decisions of the U.S. Supreme Court appear to create similar standards in employment discrimination cases harmonizing the theories of disparate treatment and disparate impact. Implications of the emerging judicial unification between the two theories are addressed and its relevance to school districts summarized. (MLF)
Descriptors: Civil Rights, Court Litigation, Court Role, Elementary Secondary Education
The 1988-89 Term of the U.S. Supreme Court and Its Impact on the Public Schools.
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Tatel, David S.; Mincberg, Elliot M. – West's Education Law Reporter, 1989
Summarizes the Supreme Court's 1988-89 term in five sections: (1) civil rights in the context of employment and other liability-related issues; (2) special education; (3) freedom of speech and religion issues; (4) school desegregation; and (5) school finance-related issues. A list of all cases discussed, including case citations, is included at…
Descriptors: Affirmative Action, Civil Rights, Court Litigation, Drug Use Testing