This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

"Affirmative action" is the term typically used to refer to two contrasting values: the value of equal opportunity and the value of equal results. The Justice Department under the Reagan Administration, however, draws a clear distinction between the two, and is committed to the "original" meaning of affirmative action. That is,…

The Reagan Administration's allegiance lies with the advocates of individual rights, not the protectors of group entitlements. This stand is based on the belief that defense of individual rights is the only appropriate basis for achieving a consensus on civil rights in a pluralistic society. Group preferences, which have been imposed by the…

Overviews Rule 23 (Federal Rules of Civil Procedure) governing class actions in the federal courts and analyzes the issues raised in class determinations for employment discrimination suits under Title VII (Civil Rights Act 1964). Discusses damage claim immunity for public institutions and limitations on evidence offered to prove discrimination.…

Court decisions resulting from litigation regarding higher education governance and finance are discussed in this chapter. Governing body authority and intergovernmental relations are the subjects of a number of cases. Three cases involve questions of licensing of private institutions of higher education by state agencies. Other cases illustrate…

Court litigation concerning governance and finance in higher education demonstrates lawyers' attempts to extend the legal principles established in one educational system to different systems. Intergovernmental relations cases involve educational institutions' connections with counties, cities, states, and various public agencies. Because of an…

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

If the United States Supreme Court is to exercise its historic role as guardian of the fundamental freedoms flowing from the speech and press clauses of the first amendment, it is imperative that those basic freedoms be placed in a preferred position. The preferred position doctrine provides adequate safeguards for both speech and press guarantees…

In order to test the opinion held by judicial and rhetorical scholars that distinct differences exist in rhetoric between majority and nonmajority Supreme Court decisions, an examination was made of 301 of Justice William O. Douglas' Supreme Court decisions. A hybrid methodology based on genre criticism and content analysis was used to examine the…

This publication provides a State by State listing of court cases dealing with school desegregation. Each entry is listed alphabetically by State and includes a brief statement concerning the case and/or its status. (EB)

A recent court decision banned locally-owned newspaper/broadcasting combinations, or cross-ownership, and ordered divestiture to protect the public interest according to the First Amendment. However, these rulings promoting cross-ownership divestiture merit questioning for several reasons. First, evidence reveals that locally-owned television…

The purpose of this paper is to examine the current status of freedom of the press with regard to past and present judicial rulings. A section devoted to "The Background of Prior Restraint" examines the historical basis for current legal decisions. In "Threatening Progeny," court decisions unfriendly to the press such as the…

In "Hazelwood School District v. Kuhlmeier," the Supreme Court ruled that school authorities could control a student newspaper. This article summarizes the facts surrounding "Hazelwood," and outlines the lower court decisions, the conflicting views of the Court justices, the questions it leaves unresolved, and its implications…

The Supreme Court has ruled that statistical evidence about the effects of an employer's policies can be used to prove discrimination in situations where a variety of imprecise criteria are used. The decision is applicable to faculty salary and tenure disputes. (MSE)

Explores the extent to which the Supreme Court's application of the First Amendment's prohibition against establishment of religion is forcing federal and state governments to forgo distributive justice for needy children. Examines possibilities for greater distributive justice. (MLF)