By deciding some cases and refusing others, the United States Supreme Court has begun to provide answers to some of the legal questions concerning the interpretation of two federal statutes: Section 504 of the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975 (Public Law 94-142). The first of these statutes…

The Federal Communications Commission (FCC) is empowered with a delicate balance of executive, legislative, and judicial powers, putting the Commission in a vulnerable position whenever its decisions are reviewed. This paper takes the position that a "super-regulatory" title is unjustified when applied to the legally sanctioned role…

The role of the court on the campus is examined from the constitutional cases of the 1960s, through the expansion of administrative regulations during the 1970s, to the potential of judicial restraint and less government in the 1980s. It is agreed that the courts have pushed colleges and universities to higher ethical standards. These positive…

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…

Major legal issues confront urban schools today, among them: (1) equal access of racial groups to quality education; (2) students' rights to due process; (3) teachers' rights to due process, academic freedom, collective bargaining, and promotion to administrative positions; (4) equal opportunity for those needing special education; (5) equal…

A compelling argument can be made for the "public forum doctrine," which states that public broadcasting stations licensed to government bodies have a greater obligation than commercial stations under the First Amendment to transcend political and personal biases in making programing decisions. It is also equally important that…

Discusses the reversal of the ruling in the custody case of "Ireland vs. Smith." Points out that initially Jennifer Ireland lost custody of her daughter solely because she placed her in family day care while she attended college classes. Examines the case as an illustration of a judicial bias against out-of-home child care and working…

Offers an analysis of the legal, court, and regulatory work of the Reagan and, to some extent, the Bush administrations on the issues of civil rights and affirmative action. Argues that these administrations worked to shift the views of the high court and mounted an offensive against affirmative action. (JB)

Traces recent developments in federal/state relations including the shift in federal aid from places to people. Examines the change in federal influence from grants to regulations. Concludes with a discussion of the differences between Congressional and White House attempts to trim the federal budget. (MJP)

Traces the historical development of the conflict between state sovereignty and the role of the federal government. State sovereignty, supposedly guaranteed by the 10th Amendment, has been seriously eroded by the federal government's extension of the commerce clause. Briefly discusses seminal cases in this development. (MJP)

Maintains that intergovernmental relations are dynamic because local, state, and federal governments constantly respond to changing expectations. This interdependent relationship requires the various governments to modify their pursuit of special interests through daily bargaining. This process affects every aspect of government. (MJP)

Encapsulates several brief articles providing perspectives from the states, the 104th Congress, the Supreme Court, and the White House. Issues covered include the Unfunded Mandates Reform Act and the White House attempts to reduce the federal workforce. Authors include Hank Brown, Rita G. Koman, James L. Martin, and Joseph R. Marbach. (MJP)

The history of college desegregation and federal funding to higher education is reviewed. Both the Morrill Act of 1890 and Title VI of the Civil Rights Act of 1964 fused the issues of federal aid and racial discrimination in higher education. Although the basic legal standards formulated in the decision in Brown v. Board of Education of Topeka and…

Eight papers from a one-day conference for lawyers, judges, and policy-makers discuss the effects on intergovernmental relations of the emerging body of laws, regulations, and court decisions governing federal grants and their recipients. The expanding importance of federal grants, notes an introduction to the papers, has meant both less leeway…

Presents opposing viewpoints on federalism and state sovereignty. Charles J. Cooper argues for states powers based on a constructionist interpretation of the constitution. Herman Schwartz maintains that the national economy is so tightly intertwined, and the protection of civil liberties is too great to leave these functions to the states. (MJP)