Different from more traditional policy-making avenues, the courts provide an antipolitical arena that does not require broad agreement from various constituents for policy enactment. Seeking to guide court decisions on these policy issues, individuals and organizations have filed "amicus" briefs that increasingly include social science…

The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

An historical study of the neighborhood system of school assignment is presented in this monograph. The basic framework of this research is that of the legal history of the neighborhood school policy and the relationship of this policy to school segregation. The applicable State and Federal court cases and decisions are cited for the various…

In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)

The Supreme Court's ruling in a flag-burning case raises questions about whether antiharassment policies that colleges and universities have adopted, penalizing slurs and epithets used by students to harass others, violate the First Amendment to the Constitution. If public college policies were found unconstitutional, private colleges would not…

This report compares and contrasts Federal court decisions involving student dress codes, with special emphasis on Denver area cases. Discussion covers code enforcement, subsequent court battles, relevant constitutional issues, and First Amendment and procedural and substantive due process considerations. The report includes the official…

Explores the educational and legal questions extending from the judiciary's intervention into the student disciplinarian relationship, among them, the post-Tinker developments in student discipline procedures are traced. (Author/AM)

Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may…

A federal appeals court ruled that judges may not dismiss handicapped-discrimination lawsuits against universities solely on the basis of official university statements that allegedly discriminatory practices are appropriate for the academic programs involved. The decision keeps alive a case in which a dyslexic student could not take a…

Reviews several retention-related federal court decisions and suggests 10 best practices that school administrators can use when considering or implementing student-retention policies. (Authors/PKP)

This document, which is not legal advice, has been designed to help medical schools work with legal counsel to put into practice the rulings from two Michigan court cases that provide tools for enhancing medical school diversity and outline the contours of a race-conscious/ethnicity-conscious admissions policy likely to pass legal muster. The…

With legal threats against them mounting, trustees of public and private colleges alike are hearing mixed and vague messages about how much they personally have at stake in lawsuits aimed at their institutions' affirmative-action policies. Few cases in either federal or states courts provide guidance on trustees' potential individual liability.…

Examines legislative and judicial interventions in the schooling process and discusses some consequences for teachers, administrators and school board members. (Author/AM)

The U.S. Supreme Court has refused to hear a case that might guide colleges in resolving conflict between campus policies on sexual harassment and free-speech rights. The case involved San Bernardino College (California) and a tenured professor whose explicit classroom discussions college officials felt constituted sexual harassment. An appeals…