Federalism is sometimes a metaphor for states' sovereignty, rather than appreciated as part of the political structure and process created by the Constitution of the United States. The author argues that "federalism" was redefined during the founding period to disassociate it from the discredited idea of states' sovereignty. (Author/JOW)

This chapter examines federal and state court cases from 1978 that deal with the organization of public higher education, state authority in higher education, intergovernmental relations, tax exemptions, wills and trusts, private higher education, and school finance. The author suggests that the lack of cases concerning open meeting laws indicates…

The revitalization of the Contract Clause indicates that it is not the public employee who must be the first to sacrifice to get a city out of financial trouble. (Author/IRT)

Argues that the Constitution did not originally recognize state immunity from suit in federal courts and that the Eleventh Amendment is narrow in scope and limits judicial power only where the sole basis of jurisdiction is the character of the parties. Available from Indiana University School of Law, Lax Annex II, Bloomington, IN 47405.…

PRESENTED WERE ANSWERS TO QUESTIONS THAT AROSE WHEN THE SUPREME COURT MADE THE DECISION ON THE INTEGRATION OF SCHOOLS. THE DECISION APPLIED TO ALL STATE-SUPPORTED EDUCATIONAL INSTITUTIONS. THE AUTHORITY OF STATE LAWS WAS QUESTIONED, BUT NO STATE LAW REQUIRING OR PERMITTING SEGREGATION IN PUBLIC SCHOOLS WAS NOW VALID. THE RESPONSIBILITY FOR…

Discusses interpretations of the establishment clause of the First Amendment. Outlines how Supreme Court decisions involving separation of church and state have been based on misinterpretations both of the First Amendment and of the intentions of its framers. (MD)

This short paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses educational voucher programs. It states that proponents of voucher programs, having scored a major victory in the U.S. Supreme Court with "Zelman v. Simmons-Harris" (2002), will…

Argues that a carefully drafted amendment to the National Labor Relations Act can withstand constitutional challenge and that the standards set forth in "League of Cities" can be met. (Author/IRT)

Examines the growth of equitable relief in school desegregation cases and the impact of the Supreme Court's doctrine delimiting the role of lower federal courts when they exercise equity jurisdiction in civil rights cases. Available from Business Manager, University of Dayton Law Review, 300 College Park, Dayton, OH 45469. (Author/IRT)

Reviews the Bills of Rights' creation and rationale. Discusses the Fourth and Fourteenth amendments and analyzes their current status. Emphasizes the Supreme Court's interpretive role. Argues that reliance on the courts will eventually result in legal interpretations that reflect dominant national opinion. Urges greater citizen responsibility for…

The Supreme Court will not hear an appeal by a software publisher suing the University of California at Los Angeles for copying its computer programs, upholding state rights in copyright law. However, federal legislation paving the way for such suits in the future is being drafted. (MSE)

The focus of this presentation is on instances wherein parents have asserted legal rights independently of their minor children. Such rights are primarily a function of legislative and administrative prescriptions and constitutional construction and balancing. The parameters of a state's control of public education have been partially defined by…

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…

United States district judges have, regardless of their personal views the awesome assignment of forcing compliance with the Supreme Court's 1954 school segregation decisions. In the District of Columbia and in the border states of Missouri, Oklahoma, West Virginia, Delaware, and Maryland, for the most part authorities have completed, or are…

A 2000 Supreme Court ruling barring age-discrimination suits for money damages by state employees against state agencies (under the Age Discrimination in Employment Act) presaged a 2001 ruling striking down the equivalent provision of the Americans with Disabilities Act. "Garrett" further limits Congress's power to regulate state…