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)

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.…

Chapter 1 of a book on school law, this article analyzes the role of the U.S. Supreme Court, and contends that there has been a judicial takeover of functions that had been delegated by the Constitution to the states and to the people. Specifically, the author argues that much of the Supreme Court's expansion of its powers rests on the selective…

Through an analysis of the Supreme Court's post-1973 rulings, argues that the Court has not repudiated any doctrine that it had adopted before 1973 but has exhibited a reluctance to extend previously announced legal principles to claims for new remedies. Available from Duke University Press, Box 6697 College Station, Durham, NC 27708. (Author/IRT)

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…

Examines the growth of equitable relief in school desegregation cases and the impact of the Supreme Court's doctrine delimiting the role of lower federal courts when they exercise equity jurisdiction in civil rights cases. Available from Business Manager, University of Dayton Law Review, 300 College Park, Dayton, OH 45469. (Author/IRT)

Evaluates the Supreme Court's decisions relating to education during the past few years and the effect that the retirement of Justice Lewis Powell will have on the balance of the Supreme Court. Discusses nominee Robert Bork and his possible effect if he becomes a member of the Supreme Court. (MD)

The Mathews decision cuts across several basic principles: the right of persons injured by unconstitutional government conduct to an adequate remedy; the power of Federal courts to adjudicate constitutional claims; and the right of litigants to petition for redress of their grievances. (Author/RDN)

A study analyzed U.S. Supreme Court Justice Lewis Powell's court opinions on First Amendment issues that affect the daily work of journalists. The results showed that he preferred compromises, guidelines, and tests to either/or solutions. Because Powell sought to balance all interests, he developed no firm theoretical position on the First…

Reviews the Supreme Court decisions under the following subjects: (1) special education; (2) religion and public education; (3) employment and labor; (4) elections and voting rights; (5) freedom of speech; (6) Title IX and other issues of school district liability and immunity; and (7) cases to be decided next term. A list of cases and statutes…

There has been a renaissance of scholarship during the bicentennial of the U.S. Constitution. Continued implementation of the Constitution requires that its text, its structure, and its principles be widely known and respectfully understood. U.S. citizens need to respect the Constitution as it was understood by those who framed it. Underlying the…

Discusses the issue of whether a state may sponsor single-gender education without violating the Equal Protection Clause of the 14th Amendment. Traces the history of "United States versus Virginia," discussing the arguments of both sides; and briefly explores the likely ramifications of the holding as the Supreme Court prepares to review…

The United States Supreme Court's attitude toward school integration is analyzed in this paper. The liberal rulings of the Court under Justice Earl Warren are traced through 1974. The Court's consideration during this racist period and the disproportionate impact of school board policies in producing segregated schooling is detailed. The reversal…

The document describes the establishment, development, procedures, and some landmark cases of the U.S. Supreme Court. The objective is to explore the history of the court and to explain its role in the American system of government. The booklet is presented in four chapters. The first chapter, entitled "A Heritage of Law," offers…

As a supplement to the basic text, "Higher Education and the Law," this book briefly describes the American legal system for scholars, students, and administrators in the field of higher education who have had little or no legal training. The following topics are addressed: The United States Courts, the process of judicial review, reading and…