Examines the concept of federalism in terms of its past history and its encouraging future. Calls for a revival of concern for federalism not simply as a convenient administrative arrangement but as a fundamental constitutional value. (BSR)

Argues that the Constitution did not originally recognize state immunity from suit in federal courts and that the Eleventh Amendment is narrow in scope and limits judicial power only where the sole basis of jurisdiction is the character of the parties. Available from Indiana University School of Law, Lax Annex II, Bloomington, IN 47405.…

Discussed are the necessity of ERA; its affect on combat service, states' rights, husband's support duty, alimony, custody and support of children in a divorce, "protective labor standards laws" applying to women only, and property rights of married women, especially homemakers; and whether a state legislature may rescind an original…

Discusses interpretations of the establishment clause of the First Amendment. Outlines how Supreme Court decisions involving separation of church and state have been based on misinterpretations both of the First Amendment and of the intentions of its framers. (MD)

Argues that a carefully drafted amendment to the National Labor Relations Act can withstand constitutional challenge and that the standards set forth in "League of Cities" can be met. (Author/IRT)

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)

Reviews the Bills of Rights' creation and rationale. Discusses the Fourth and Fourteenth amendments and analyzes their current status. Emphasizes the Supreme Court's interpretive role. Argues that reliance on the courts will eventually result in legal interpretations that reflect dominant national opinion. Urges greater citizen responsibility for…

The spending clause of the Fourteenth Amendment would be the preferred basis for passage of a federal statute granting collective bargaining rights to state and municipal employees. It is the only constitutional provision under which the federal government would not be forcing a regulation on the state. (Author/IRT)

The Supreme Court will not hear an appeal by a software publisher suing the University of California at Los Angeles for copying its computer programs, upholding state rights in copyright law. However, federal legislation paving the way for such suits in the future is being drafted. (MSE)

The history of the 11th amendment to the U.S. Constitution and its current application to schools and universities are examined in this paper. The amendment, which seeks to protect the states by redefining judicial boundaries within the federal concept of government, is unclear and paradoxical, especially to claimants seeking federal relief from a…

The school segregation cases, generally cited as Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) were first argued in the Supreme Court of the United States in December, 1952. On June 8, 1953, six months after the first arguments and nearly a year prior to the decision, the Supreme Court ordered that the cases be re-argued in the…

A new argument is made for school finance equalization, based not on "equal protection" or "equal educational opportunity," but on constitutional requirements for tax equity in New Hampshire. Since inequalities in school finance are a taxation problem, they call for tax reform. The analyses rest on four points: (1) that…

Presents a learning activity in which students compare their state constitution's bill of rights with the federal Bill of Rights. Provides a chart for identifying comparisons of enumerated rights. Includes background information and explains objectives and procedures. (CH)

In enacting federal age discrimination legislation, Congress has not preempted the ability of the states to afford more protection to employees from forced retirement than the federal act provides. States with and without age discrimination laws and other sources of law are briefly discussed. (MLW)

Contends that, although civil liberties are part of the higher education and secondary curriculum, the development of constitutional liberty by state supreme courts and state constitutions is almost totally ignored. Reviews 11 college-level textbooks and analyzes their treatment of civil liberties related to state laws and courts. (CFR)