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Marcus, Laurence R.; Stickney, Benjamin D. – Journal of Intergroup Relations, 1985
Decisions of the federal courts on such issues as school desegregation and school prayer generally reflect a national consensus. But in this conservative era, legislative efforts to limit the tradition of judicial activism, as begun by the Warren court, threaten the principles of constitutional protections and the federal system of checks and…
Descriptors: Court Litigation, Court Role, Desegregation Litigation, Elementary Secondary Education

Bangser, Henry S. – Education and Urban Society, 1976
Explores the educational and legal questions extending from the judiciary's intervention into the student disciplinarian relationship, among them, the post-Tinker developments in student discipline procedures are traced. (Author/AM)
Descriptors: Court Litigation, Court Role, Federal Courts, History

Walker, George K. – Washington and Lee Law Review, 1980
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.)…
Descriptors: College Curriculum, Court Role, Curriculum Development, Federal Courts

Mass, Michael A. – Journal of Law and Education, 1980
From an analysis of these recent decisions it seems clear that the Court is seeking to reduce the role of the federal judiciary in reviewing decisions made within schools. (Author)
Descriptors: Court Litigation, Court Role, Due Process, Elementary Secondary Education

Van Geel, Tyll – Journal of Law and Education, 1992
In response to an article by Hugh Breyer in 1991 in this journal, discusses the U.S. Supreme Court's ruling in "Employment of Oregon Department of Human Resources v. Smith" that the peyote religious service was not constitutionally protected and explains its implications for cases like "Mozert v. Hawkins Public Schools." (31…
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts

Allred, Stephen – School Law Bulletin, 1994
In "Hicks," the Supreme Court handed down an opinion that rewrites the legal standard in deciding intentional discrimination claims under Title VII of the Civil Rights Act of 1964. Provides a brief background of intentional discrimination; summarizes the Court's opinion, that clearly tilts the balance in favor of employers, and the…
Descriptors: Court Litigation, Court Role, Dismissal (Personnel), Elementary Secondary Education
Stivison, David V. – 1991
Before Washington, D.C. became the permanent home of the United States Supreme Court, first New York and then Philadelphia hosted its meetings. From 1791 to 1801 the Court met in Philadelphia. This paper reviews the highlights of the Court's cases during this formative decade. Among the most important developments in the Court's jurisprudence at…
Descriptors: Citizenship Education, Court Litigation, Court Role, Federal Courts
Greenblatt, Susan; McCann, Walter – 1979
This paper discusses the positive educational impact of the federal courts in Boston on segregation in the Boston school system. Following a bref history of the 1972 case that prompted court action, the paper analyzes the educational changes brought about by the Boston court order to desegregate and the role played by the court in intervention.…
Descriptors: Court Litigation, Court Role, Desegregation Effects, Desegregation Litigation
Savage, David G. – Phi Delta Kappan, 1987
Evaluates the Supreme Court's decisions relating to education during the past few years and the effect that the retirement of Justice Lewis Powell will have on the balance of the Supreme Court. Discusses nominee Robert Bork and his possible effect if he becomes a member of the Supreme Court. (MD)
Descriptors: Civil Rights, Constitutional Law, Court Judges, Court Litigation

Miller, Bruce K. – Harvard Civil Rights - Civil Liberties Law Review, 1985
The Mathews decision cuts across several basic principles: the right of persons injured by unconstitutional government conduct to an adequate remedy; the power of Federal courts to adjudicate constitutional claims; and the right of litigants to petition for redress of their grievances. (Author/RDN)
Descriptors: Civil Rights Legislation, Constitutional Law, Court Litigation, Court Role

Areen, Judith – Georgetown Law Journal, 1973
Examines the judicial attempt to provide equal educational opportunity, questions the basic premises upon which judicial intervention is based, and concludes that the goals of the intervention must be reconsidered before an effective education can be provided for all. (Author/SF)
Descriptors: Court Litigation, Court Role, Educational Quality, Educationally Disadvantaged

McKinney, Joseph R. – West's Education Law Reporter, 1991
Discusses the 1975 Education for All Handicapped Children Act in light of constitutional problems associated with handicapped children who attend parochial schools receiving special education and related services. Reasons how and why present Supreme Court might decide in "Zobrest" case regarding a school district providing a sign…
Descriptors: Catholic Schools, Court Litigation, Court Role, Deafness
Alexander, Rosemarie J. – 1988
A study analyzed U.S. Supreme Court Justice Lewis Powell's court opinions on First Amendment issues that affect the daily work of journalists. The results showed that he preferred compromises, guidelines, and tests to either/or solutions. Because Powell sought to balance all interests, he developed no firm theoretical position on the First…
Descriptors: Constitutional Law, Court Judges, Court Litigation, Court Role

Shoop, Robert J. – West's Education Law Reporter, 1990
The "Hazelwood" decision has moved the argument about student rights of freedom of expression from the courthouse to the statehouse. A growing list of states have considered legislation to restore students' rights, and a number of local school boards are also reaffirming the value of a free student press. (MLF)
Descriptors: Censorship, Court Litigation, Court Role, Federal Courts
Brannan, Patricia A.; Kohrman, Daniel B. – West's Education Law Quarterly, 1995
Reviews the Supreme Court decisions under the following subjects: (1) special education; (2) religion and public education; (3) employment and labor; (4) elections and voting rights; (5) freedom of speech; (6) Title IX and other issues of school district liability and immunity; and (7) cases to be decided next term. A list of cases and statutes…
Descriptors: Constitutional Law, Court Litigation, Court Role, Disabilities