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Schimmel, David – West's Education Law Quarterly, 1994
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…
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts

Michigan Law Review, 1980
Proposes that the courts order school authorities to cut programs as necessary to fund desegregation rather than order a tax that has been prohibited in the state or locale. Available from Michigan Law Review, Hutchins Hall, Ann Arbor, MI 48109. (Author/IRT)
Descriptors: Court Role, Desegregation Methods, Elementary Secondary Education, Federal Courts

Russo, Charles J.; Rossow, Lawrence F. – West's Education Law Reporter, 1990
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…
Descriptors: Court Litigation, Court Role, Desegregation Litigation, Desegregation Plans
Vacca, Richard S.; Hudgins, H. C., Jr. – West's Education Law Quarterly, 1992
Thirty-eight years have elapsed since the "Brown" decision outlawing public school segregation. Part 1 reveals three clearly identifiable periods of judicial development. Part 2 treats unanswered questions and attitudes of school officials pre-"Dowell." Part 3 examines the post-"Dowell" period to the present and…
Descriptors: Compliance (Legal), Court Role, Elementary Secondary Education, Federal Courts
McCarthy, Martha M. – West's Education Law Quarterly, 1993
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…
Descriptors: Court Litigation, Court Role, Federal Courts, Freedom of Speech

Parker, Roak J. – West's Education Law Reporter, 1991
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)
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts
Faber, Charles F. – 1983
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…
Descriptors: Court Judges, Court Litigation, Court Role, Elementary Secondary Education
McClung, Merle Steven – Inequality in Education, 1977
This article summarizes and discusses various provisions of the federal Family Educational Rights and Privacy Act of 1974 designed to regulate content of and to permit family access to student's school records. The author states that basic inequities have been remedied, and that the questions that remain concern mainly details of interpretation…
Descriptors: Confidentiality, Court Role, Elementary Secondary Education, Federal Courts

Taylor, William L. – Law and Contemporary Problems, 1978
Through an analysis of the Supreme Court's post-1973 rulings, argues that the Court has not repudiated any doctrine that it had adopted before 1973 but has exhibited a reluctance to extend previously announced legal principles to claims for new remedies. Available from Duke University Press, Box 6697 College Station, Durham, NC 27708. (Author/IRT)
Descriptors: Constitutional Law, Court Litigation, Court Role, Elementary Secondary Education
Labunski, Richard – 1988
Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…
Descriptors: Constitutional Law, Court Judges, Court Litigation, Court Role

Mehra, Achal – Journalism Quarterly, 1982
Concludes that federal courts subpoena reporters less often and uphold subpoenas less often than do state courts. (FL)
Descriptors: Censorship, Court Role, Federal Courts, Freedom of Speech

van Geel, Tyll – University of Cincinnati Law Review, 1980
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…
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Equal Protection

Kirkman, G. Michael – University of Dayton Law Review, 1980
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)
Descriptors: Constitutional Law, Court Litigation, Court Role, Desegregation Methods

Jaeger, Paul T.; McClure, Charles R.; Fraser, Bruce T. – Government Information Quarterly, 2002
Asserts that the federal government should adopt a centralized governmental structure for the privacy protection of personal information and data. Discusses the roles of federal law, federal agencies, and the judiciary; the concept of information privacy; the impact of current technologies; and models of centralized government structures for…
Descriptors: Centralization, Court Role, Federal Courts, Federal Government
Vergon, Charles B. – 1981
This volume examines ten communities with histories of lengthy desegregation litigation in order to gain insight into the perceived legal adequacy and practical effectiveness of various desegregation strategies from the point of view of the Federal courts. A conceptual model of the judicial review of desegregation plans is given in diagram form…
Descriptors: Busing, Compliance (Legal), Court Role, Desegregation Methods