Observes that the bulk of the federal judiciary's business is handled by lower federal courts. Discusses the evolving structure and business of the federal judiciary, district courts, circuit courts of appeal, declining federal supervisory capacity due to rising case loads, and future problems likely to be faced by the federal judiciary. (DSK)

A study examined the quantity and quality of libel decisions of the Warren and Burger Supreme Courts to determine how changes in libel law came about, how individual justices voted on libel compared to other issues of freedom of expression, and how permanent constitutional libel rules will be as the more conservative Rehnquist Supreme Court takes…

This paper considers how the Supreme Court used an idealized history of the infamous Alien and Sedition Acts of 1798 to help justify its decision in "New York Times v. Sullivan" in 1963. The first section of the paper discusses the Alien and Sedition Acts of 1798, the second section discusses the Court's use of history in the "New…

Reviews the Supreme Court decisions on issues of interest to school districts. Also analyzes cases relevant to public schools that the Court declined to review. Summarizes a number of cases that the Court will hear in its term beginning October 1993 and that may have a major impact on school districts. An appendix lists the cases cited. (MLF)

Judicial activism raises the question whether the people, through their elected representatives, should make decisions about social policy issues or whether these decisions will be made by appointed members of the federal judiciary. Through a series of judicial decisions, many basic social problems have become nationalized. Yet the U.S.…

The author uses the experience of the Ferguson (St. Louis County, Missouri) school district to raise questions about the implications of an apparently successful attempt to eliminate the distinction between "de facto" and "de jure" desegregation. Growing out of litigation begun in 1972, the U.S. District Court in 1975 ordered…

Examines recent lower court rulings on students' First Amendment rights. The current disputes center on (1) requiring the flag salute; (2) banning symbols; (3) removing books from the curriculum; and (4) preventing the distribution of publications. Projects the Supreme Court's position should the issue again reach that level. (MLF)

In 1981 the federal courts decided hundreds of cases involving schools relating to civil rights statutes, the First Amendment, the Fourth Amendment, and the equal protection clause of the Fourteenth Amendment. Lawsuits concerning the handicapped involved such issues as the costs of determining what is equal opportunity in education, full-time…

Chapter 1 of a book on school law, this article analyzes the role of the U.S. Supreme Court, and contends that there has been a judicial takeover of functions that had been delegated by the Constitution to the states and to the people. Specifically, the author argues that much of the Supreme Court's expansion of its powers rests on the selective…

Examines key legal tensions flowing from the return of organized student-sponsored prayer to public schools. Claims that political "conservatism" has subordinated individual liberty to the unwarranted power of the federal government. (19 references) (MLF)

In "Lambs Chapel," the Supreme Court struck down a complete prohibition against afterhours use of public schools by religious groups. Summarizes lower court decisions, and then the opinions of Justices White, Scalia, and Kennedy. Examines the Court's consensus about protecting religious perspectives under the Free Speech Clause and the…

Traces the judicial history of the Supreme Court's ruling in "Jenkins" that federal judges have the authority to order local governments to increase taxes to pay for the cost of integrating a school system. Praises the Supreme Court for acting when state laws and local taxpayers fell short of providing the necessary funds to implement a…

In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…

The basic legislative, administrative, and judicial histories of Title IX are examined through the three cases that addressed the issue of creating compensatory damages. Presents an analysis and recommendations concerning compensatory damages under Title IX. (104 references) (MLF)

An analysis is made of the voting record of Justice Sandra Day O'Connor on cases related to education and the impact of these votes. The decisions of the Supreme Court during the 1981-82 term were classified under one of seven different headings: (1) religion and the schools; (2) freedom of expression; (3) due process of law; (4) racial…