Affirmative action, a practice used since the 1960s to edge toward equity and address historical and ongoing injustice through higher education attainment, was struck down last month by the Supreme Court of the United States (SCOTUS). The immediate and longer term direct and indirect impacts of this ruling are vast and, in some cases, murky. In…

I conduct a series of analyses aimed at assessing equity in selective American colleges over a 20+ year time frame. My main measures of equity are enrollment and completion in selective colleges, which I disaggregate by race/ethnicity. After creating an institutional-level panel data set with variables on college revenues and expenses, tuition,…

The current bias of law schooling, particularly in the first year, in favor of the ordinary action at law for damages, should be reviewed in light of the significance of contemporary actions "in equity" for affirmative court orders, says this professor of law. (LBH)

Reviews key 1997 judicial decisions relating to Title IX gender discrimination claims by students in higher education, decisions concerning California's Proposition 209 (designed to end "preferences" in education and other contexts), and the "McDonnell Douglas" burden-shifting framework for disparate race claims in the…

Major events leading to the Civil Rights Act of 1964 are reviewed along with laws and administrative actions dealing with job discrimination, legal developments of the first decade under Title VII, and Supreme Court cases on equal employment. Available from: Howard University School of Law, 2935 Upton St., Washington, D.C. 20008. (LBH)

The right to know is considered as an integral part of the system of freedom of expression, embodied in the first amendment and entitled to support by legislation or other affirmative government action. It is examined here in terms of direct government interference, regulation by affirmative action, and making information available from government…

This paper examines the use of statistical evidence, specifically regression analysis, in employment discrimination cases on college and university cases. Sections of the paper provide the following: (1) a description of regression analysis focusing on the specific features that make it appropriate for use in discrimination lawsuits; (2) a review…

Information on law and higher education is presented through approximately 350 cases and materials on colleges in court, noting that the study of higher education law is developing rapidly. Five chapters are as follows: (1) the legal governance of higher education (e.g. what college is, the establishment of private colleges, religion and higher…

Past problems of the Equal Employment Opportunity Commission with budgeting, staffing, and priorities are reviewed and current emphasis on organizational changes are addressed. Focus is on charge processing and resolution procedures, the use of litigation, systemic activities, and affirmative action and testing guidelines. (LBH)

Four issues of interest in the AAUP Office of Staff Counsel are examined including the First Amendment and "Matters of Public Concern," the Supreme Court's latest ruling on affirmative action, collective bargaining in church-related institutions, and faculty liability for institutional attorney fees. (MLW)

This supplement to ED 086 806 discusses developments in the field of equal employment opportunity (EEO). A section on recent developments under Title VII of the Civil Rights Act of 1964, as amended, covers the American Telephone and Telegraph Consent Decree, other conciliation and consent agreements, labor relations aspects, individual suits,…

Examines past Supreme Court decisions that have affected public education to explain currently held views concerning the Supreme Court in the 1970s. Observes that the 1980s will be a period of consolidation and clarification of court decisions and legislation of the 1960s and 1970s. (Author/MJL)

This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

Law's growing involvement with the structure and policies of all postsecondary institutions is addressed in this comprehensive sourcebook on law for administrators and their legal counsel. Detailed discussions of the Bakke and the Horowitz cases are offered along with clear summaries of the laws, regulations, and court decisions pertaining to…

A 1980 cumulative supplement to the basic text, "Higher Education and the Law," is presented. Contents include: edited reports of five United States Supreme Court cases, important lower court cases, regulations and reports; and citations to numerous law review articles, additional cases, and other secondary sources. The following broad…