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"Affirmative Action" and Equal Protection in Higher Education. CRS Report R45481, Version 3. Updated
Back, Christine J.; Hsin, JD S. – Congressional Research Service, 2019
The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…
Descriptors: Affirmative Action, Equal Protection, Higher Education, Federal Courts
Lhamon, Catherine E.; Rosenfelt, Philip H.; Samuels, Jocelyn – US Department of Justice, 2014
Under Federal law, State and local educational agencies (hereinafter "districts") are required to provide all children with equal access to public education at the elementary and secondary level. Thie Dear Colleague letter was written to remind school districts of the Federal obligation to provide equal educational opportunities to all…
Descriptors: Enrollment, School Districts, Children, Access to Education

MacKenzie, Charles S. – Journal of General Education, 1980
Argues that increased federal regulation in the name of accountability will diminish the quality and innovative capacity of higher education. Examines pending litigation that would automatically subject a college to federal regulation if its students accept federal aid and thus become "conduits" of federal assistance to the institution.…
Descriptors: Court Litigation, Federal Aid, Federal Courts, Federal Regulation
Mathews, John – Compact, 1975
A report from Washington on federal appropriation, legislation, and court litigation. (MLF)
Descriptors: Affirmative Action, Career Education, Court Litigation, Educational Finance
Blumenstyk, Goldie – Chronicle of Higher Education, 1991
The Justice Department restated and clarified its position in a landmark higher education desegregation case to be heard in the Supreme Court, providing a substantial boost to Black-college supporters. The new brief explicitly affirms federal government support for historically Black colleges, calling them a vital component of U.S. higher…
Descriptors: Black Colleges, College Role, Court Litigation, Federal Aid
Whelan, Charles M. – Compact, 1970
Discusses the background and issues involved in the Tilton v. Finch case in Connecticut's U.S. District Court. (MK)
Descriptors: Court Litigation, Educational Finance, Educational Legislation, Federal Aid

Walter, Gail A. – Journal of Education Finance, 1982
Discusses the U.S. Supreme Court decision in "Halderman v. Pennhurst State School and Hospital," involving the rights of and treatment provided for residents in a Pennsylvania institution for the severely retarded, under the federal Rehabilitation Act, the Developmentally Disabled Assistance and Bill of Rights Act, and a state law. (RW)
Descriptors: Civil Rights, Court Litigation, Federal Aid, Federal Courts
Pratt, John H. – Chronicle of Higher Education, 1988
The text of Judge John H. Pratt order dismissing the "Adams" college desegregation case is presented. (MLW)
Descriptors: Civil Rights Legislation, College Desegregation, Court Litigation, Desegregation Litigation
Jaschik, Scott – Chronicle of Higher Education, 1991
A decision in the case involving the "Silver Spring Monkeys" and National Institutes of Health research left open the possibility of suing the federal agency in state courts, possibly making it easier for animal-rights groups to block some animal research. However, the ruling addresses only a narrow jurisdictional question. (MSE)
Descriptors: Civil Liberties, Court Litigation, Federal Aid, Federal Courts
Leatherman, Courtney – Chronicle of Higher Education, 1988
A new bill specifically states that an entire institution is covered by antidiscrimination laws if it receives any federal support. The bill was designed to counteract the effects of a 1984 Supreme Court decision involving Grove City College, and it applies to sex, age, disability, and racial discrimination laws. (MSE)
Descriptors: Age Discrimination, Civil Rights Legislation, Court Litigation, Disabilities
Campbell, Roald F. – Public Admin Rev, 1970
Descriptors: Cost Effectiveness, Court Litigation, Educational Policy, Federal Aid

Rossow, Lawrence F. – West's Education Law Reporter, 1989
Contends that a circuit court ruling prohibiting a student religious group from holding meetings in a public secondary school erodes the intent of the Equal Access Act to provide access for students wishing to exercise religious speech. (MLF)
Descriptors: Court Litigation, Extracurricular Activities, Federal Aid, Federal Courts
Jaschik, Scott – Chronicle of Higher Education, 1995
A Supreme Court ruling found that federal programs or policies based on race must meet a legal test of strict scrutiny, requiring the program to demonstrate a compelling government interest and be narrowly tailored. Legal experts suggest that few federal affirmative action programs currently meet the standard. (MSE)
Descriptors: Affirmative Action, Compliance (Legal), Constitutional Law, Court Litigation
Blum, Debra E. – Chronicle of Higher Education, 1995
A federal district court has ruled that Brown University (RI) discriminates against its women's athletics programs, in violation of federal law. The university's stance on the law, which questions government interpretation, has been controversial. The suit was brought by nine female athletes seeking reinstatement of gymnastics and volleyball…
Descriptors: Administrative Policy, College Athletics, Court Litigation, Equal Education
Johnson, T. Page – A Legal Memorandum, 1982
By deciding some cases and refusing others, the United States Supreme Court has begun to provide answers to some of the legal questions concerning the interpretation of two federal statutes: Section 504 of the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975 (Public Law 94-142). The first of these statutes…
Descriptors: Access to Education, Court Litigation, Court Role, Disabilities