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Conservative Judicial Activism and Parochaid: An Open-Door Policy towards Funding Religious Schools?

Anthony, Patricia G. – West's Education Law Reporter, 1990
Analyzes four recent Supreme Court parochaid decisions, as well as two rulings dealing with equal educational opportunity, and three concerned with racial discrimination. Observes an ominous turn by the Court toward the use of judicial restraint to promote a conservative social agenda. (MLF)
Descriptors: Constitutional Law, Court Litigation, Court Role, Elementary Secondary Education

Tatel, David S.; Sneed, Maree – West's Education Law Reporter, 1990
This review of 1989-90 Supreme Court decisions is divided into four sections by subject matter: (1) student rights; (2) employee rights and labor issues; (3) school desegregation; and (4) special education. A list of cases and statutes discussed, with citations, is included. (MLF)
Descriptors: Civil Liberties, Court Litigation, Court Role, Drug Use Testing
Heidepriem, Nikki – 1982
In an effort to foster better understanding of the crucial role of the courts in protecting all persons from legislative and executive overreaching, this report examines and evaluates the Helms-Johnston Amendment, one of many efforts Congress is making to limit the authority of federal courts in cases involving the controversial issues of…
Descriptors: Busing, Civil Liberties, Civil Rights, Constitutional Law
American Indian Journal, 1979
Law firm analysis which reviews developments in Indian law, discusses holdings and implications of some important Supreme Court decisions (Boldt Case, Yakima Public Law 280 Case, Blackbird Bend Case), analyzes litigation trends which appear to be developing, and comments on the future conduct of Indian litigation. (DS)
Descriptors: American Indian Reservations, American Indians, Court Litigation, Court Role
Kirp, David L.; And Others – 1979
This report attempts to illustrate how courts have undertaken the task of relating the constitutional mandate for equal educational opportunity to the political and institutional issues posed in specific school desegregation cases since the Supreme Court's Brown decision. The first section of the report is an introduction to legalism and politics…
Descriptors: Case Studies, Compliance (Legal), Court Litigation, Court Role

Fischer, Thomas C. – Journal of Law and Education, 1993
Traces legal balance in "Tinker" between Constitutional rights of students and caveat that these rights were secure only as exercise did not "interfere" with disciplinary processes of school. Cites changing political landscape; free exercise and establishment of religion; and search and seizure. Concludes that students appear…
Descriptors: Board of Education Policy, Civil Rights, Court Litigation, Court Role

Urofsky, Melvin I. – OAH Magazine of History, 1995
Contends that, although religious freedom is a key feature of U.S. democracy, it has had a relatively short and modern history. Discusses the issues, court opinions, and historical significance of the 1940 "Minersville School District v. Gobitis" U.S. Supreme Court decision regarding Jehovah's Witnesses and the Pledge of Allegiance to…
Descriptors: Civil Liberties, Constitutional History, Constitutional Law, Court Judges

Smith, Christopher E. – Western Journal of Black Studies, 1991
Argues that recent trends in Supreme Court decisions do not bode well for future civil rights claims of minorities. Changes affecting the Court stem from the unhappiness of political conservatives. The emerging conservative minority and its historical development are described as an aspect of regressive political and policymaking forces. (SLD)
Descriptors: Blacks, Civil Rights, Civil Rights Legislation, Conservatism

Wilson, Le Von E. – Western Journal of Black Studies, 1992
Reviews and analyzes the legal development and current status of affirmative action. Traces the aftermath of the Brown versus Board of Education case, the benign discrimination doctrine, the impact of the City of Richmond versus Croson in minority set-asides in Virginia, and the strict scrutiny standard. (JB)
Descriptors: Affirmative Action, Blacks, Civil Rights Legislation, Court Doctrine

Jackson, Charles C. – Western Journal of Black Studies, 1992
Offers an analysis of the legal, court, and regulatory work of the Reagan and, to some extent, the Bush administrations on the issues of civil rights and affirmative action. Argues that these administrations worked to shift the views of the high court and mounted an offensive against affirmative action. (JB)
Descriptors: Affirmative Action, Blacks, Civil Rights, Court Judges
Cortner, Richard; And Others – 1988
This teaching guide is designed to accompany and enhance a two-part Public Broadcasting System video documentary about the U.S. Supreme Court's history, legal processes, and activities. The purpose of this series is to examine the institution that for 200 years has been the principal custodian of the U.S. Constitution. A background essay, written…
Descriptors: Constitutional History, Court Doctrine, Court Judges, Court Litigation
New Mexico Univ., Albuquerque. American Indian Law Center. – 1976
The Model Children's Code was developed to provide a legally correct model code that American Indian tribes can use to enact children's codes that fulfill their legal, cultural and economic needs. Code sections cover the court system, jurisdiction, juvenile offender procedures, minor-in-need-of-care, and termination. Almost every Code section is…
Descriptors: American Indians, Child Advocacy, Civil Liberties, Codification

Schimmel, David – Update on Law-Related Education, 1994
Contends that all of the U.S. Supreme Court Justices in 1947 agreed that the Establishment Clause of the First Amendment erected a wall of separation between church and state. Reviews Establishment Clause history, includes summaries of court opinions, and concludes that a more thorough curriculum about the wall of separation is needed. (CFR)
Descriptors: Constitutional Law, Court Litigation, Court Role, Curriculum Development
Friedman, Lawrence M. – 1982
A survey of court litigation traces the development of case law regarding the substantive rights of elementary and high school students in relation to school board rules and regulations. The survey reveals the gradual "judicialization" (conversion of conflicts into court cases) of educational governance and the delimiting of the school…
Descriptors: Board of Education Policy, Constitutional Law, Corporal Punishment, Court Litigation
Taylor, William L.; And Others – 1975
In the debate about the existence of a link between court ordered school desegregation and white flight, a good deal of confusion has arisen over that courts have actually decided in school desegregation cases and what factors influence their decisions. This brief article represents an attempt to dispel the confusion by summarizing the major legal…
Descriptors: Black Students, Court Litigation, Court Role, Desegregation Effects