In "Kiryas Joel," a sharply divided Supreme Court ruled that a New York law establishing a separate school district for a group of Orthodox Hasidic Jews was unconstitutional. Outlines the unusual facts in "Kiryas Joel" and summarizes Justice Souter's opinion of the Court, Justice Scalia's detailed dissent, and the four diverse…

Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…

Describes student forums as a means for students to learn through role-playing instead of reading a textbook or listening to a lecture. Explains that students debate the issue of independence of the U.S. judiciary in this sample forum. Provides detailed roles for students willing to express their positions during the panel discussion. (CMK)

The Federal Communications Commission (FCC) is empowered with a delicate balance of executive, legislative, and judicial powers, putting the Commission in a vulnerable position whenever its decisions are reviewed. This paper takes the position that a "super-regulatory" title is unjustified when applied to the legally sanctioned role…

The recent growth of school-related laws and regulations has magnified the court role in setting education policies through legal decision. State courts have traditionally played a primary role in disposing of education disputes, but their role has diminished while the federal court role has increased. This is due to a lag between state and…

Examines federal and state court decisions in school finance litigation involving the argument that education is a fundamental right with equal opportunity and equal protection. Outlines legal strategy for educational reform by arguing that surrogates for these concepts are state education laws requiring uniform, common or thorough, and efficient…

Argues that the record of the United States Supreme Court hardly warrants a view of the Court as a special protector of minorities. The idea of the Court as guardian of minority rights obscures the more fundamental and lasting role of the Court as protector of property rights. (SLD)

The Ninth Circuit Court of Appeals ruled that the Equal Access Act (EAA) had precedence over the state constitution under the Supremacy Clause. Examines that decision and considers its implications for the implementation of the EAA as well as other issues in church-state separation in education. (53 footnotes) (MLF)

This conference paper analyzes the least restrictive environment (LRE) provisions in the Individuals with Disabilities Education Act (IDEA) and reviews and compares the standards created by different Federal Circuit Court decisions on LRE. The following cases are analyzed: (1) Briggs v. Board of Education, which deferred to the public agency's…

Supreme Court decisions tend to take the form of either (1) an act of justification or argumentation that defends the verdict of the communicator, or (2) a construction of a new symbolic reality that influences the world view of its audience. The "Roe vs. Wade" decision is an example of the merger of these two rhetorical functions. The…

The United States Supreme Court's attitude toward school integration is analyzed in this paper. The liberal rulings of the Court under Justice Earl Warren are traced through 1974. The Court's consideration during this racist period and the disproportionate impact of school board policies in producing segregated schooling is detailed. The reversal…

The document describes the establishment, development, procedures, and some landmark cases of the U.S. Supreme Court. The objective is to explore the history of the court and to explain its role in the American system of government. The booklet is presented in four chapters. The first chapter, entitled "A Heritage of Law," offers…

Recent rulings of the United States Supreme Court and other courts have tried to maintain a balance between a free and unintimidated press and some measure of protection for individuals against libelous accusations. The language of recent rulings suggests that the courts are focusing on impartiality and objectivity in reporting as a standard of…

Since 1975, the Education for All Handicapped Children Act has been challenged and taken to the Supreme Court six times. Reviews the Court's rulings on the act and notes the alliances and grouping patterns of the opinions, as well as the changing nature of the Court's opinions of the act. (MLF)

This monograph explores the Hispanic experience of the criminal justice system by examining statistics provided by Federal, State, and local agencies. A review of the literature provides a theoretical perspective from which to view the data. Examination of the first set of data begins with a description of the experiences of Puerto Ricans in the…