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…

A NATIONAL SURVEY WAS CONDUCTED TO IDENTIFY THE RELATIONSHIPS OF SUBSTANTIVE (WRITTEN) AND COMMON LAW TO THE ORGANIZATION AND OPERATION OF NONPUBLIC U.S. COLLEGES AND UNIVERSITIES. A MULTIPHASED PROCEDURE WAS EMPLOYED. INITIALLY, LITERATURE WAS REVIEWED TO TRACE THE HISTORICAL-LEGAL DEVELOPMENT OF NONPUBLIC HIGHER EDUCATION IN THE UNITED STATES.…

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…

Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act (EEOA) of 1974 impose an affirmative obligation on the states to rectify the language deficiencies of non-English-speaking students but do not specify a particular remedy, leaving it to State and local educational authorities to determine which programs, methods,…