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…

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…

The principle that seems to underlie the Court's school desegregation cases is that racial criteria may be used to make one person better off than another unless constitutionally-recognized expectations of the latter person are frustrated. Available from University of Cincinnati Law Review, Taft Hall, University of Cincinnati, Cincinnati, OH…

It is demonstrated that the Model Rule's policy of granting the courts final control over clinical cases and clinical legal education is simply a manifestation of their traditional authority over case conduct and the lawyers appearing before them. (Journal availability: Washington & Lee University School of Law, Lexington, VA 24450, $4.00.)…

Discusses the issue of whether a state may sponsor single-gender education without violating the Equal Protection Clause of the 14th Amendment. Traces the history of "United States versus Virginia," discussing the arguments of both sides; and briefly explores the likely ramifications of the holding as the Supreme Court prepares to review…

Judgments by Australian courts that link two cases dealing with the role of teachers and labor law are analyzed in terms of the political motives of the claimants, the implications of the decisions, and the judicial interpretations. (Author/MLF)

As a supplement to the basic text, "Higher Education and the Law," this book briefly describes the American legal system for scholars, students, and administrators in the field of higher education who have had little or no legal training. The following topics are addressed: The United States Courts, the process of judicial review, reading and…

Discusses the issue of gender equity in the schools from the perspective of a national values/community values distinction. An overview of the major U.S. Supreme Court decisions on sex discrimination issues is presented followed by a detailed analysis of the implementation of legal mandates regarding sex equity in program access, athletics, and…

Reviews how plaintiffs who legally challenge tenure denial, citing the legal theories most commonly used, have fared in several such lawsuits. Addresses the Supreme Court's recent pronouncement on the confidentiality issue. (105 references) (MLF)

Offers a preliminary assessment of the effects of the "Penn" decision, focusing on the impact of the case in discrimination claims by unsuccessful candidates for tenure and the defense of academic freedom. Urges the Equal Employment Opportunity Commission (EEOC) to make some preliminary judgments before issuing subpoenas for confidential…

Examines present lack of judicial restraint by analyzing "Missouri v. Jenkins," a case upholding a court-ordered tax increase to fund school desegregation. Maintains that elected representatives placate interest groups and abdicate power in favor of the courts when political decisions are unpopular. Questions the implications for future…

This book defines the relationship between higher education corporations and their various constituencies: federal, state and local governments; employees; and students. The first chapter, "Higher Education Law," details the legal background. The second chapter, "Intergovernmental Relations," discusses litigation which defined…