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Lederman, Douglas – Chronicle of Higher Education, 1996
A Supreme Court ruling last March, "Seminole Tribe of Florida vs. State of Florida," sharply restricted Congress' ability to override a state's immunity to federal lawsuits under the 11th Amendment. State institutions have already used the decision to fend off litigation on a variety of issues, including age discrimination, patents and…
Descriptors: Age Discrimination, American Indians, Constitutional Law, Copyrights
Haworth, Karla – Chronicle of Higher Education, 1997
Higher education associations representing hundreds of colleges and universities have filed briefs asking the Supreme Court to reverse an appeals court ruling that Brown University (Rhode Island) discriminated against female athletes in cutting support for their gymnastics and volleyball teams, in violation of federal Title IX regulation. The…
Descriptors: Athletes, College Athletics, Compliance (Legal), Constitutional Law

Flowers, Ronald B. – Religion and Public Education, 1988
Describes two federal court cases concerning objections to public school textbooks. In "Smith v. Board of School Commissioners of Mobile County," parents attempted to eliminate objectionable content from textbooks through the Establishment Clause. In "Mozert v. Hawkins County Public Schools," parents wanted to remove children…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Creationism
Dayton, John – West's Education Law Quarterly, 1994
Reviews the continuing legal and political battles against corporal punishment and discusses the legal future of corporal punishment in view of social and legislative changes since "Ingraham." (81 footnotes) (MLF)
Descriptors: Constitutional Law, Corporal Punishment, Court Litigation, Discipline Policy
Schulze, Eric W.; Martinez, T. J. – West's Education Law Quarterly, 1996
Reviews how federal courts applied the "state-created danger" theory in the school setting. The courts ask when, if ever, does a school district owe an affirmative constitutional duty to protect students from private violence at school. Examines those cases, with emphasis on elements a student must prove in order to hold the school…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Clark, James F. – 1977
The speaker examines the issue of the legal liability of individual school board members as it has arisen as a result of such court cases as Wood v. Strickland and Goss v. Lopez. The discussion includes questions of infringement on students' and teachers' rights and cases of school officials acting as individuals rather than in an official…
Descriptors: Boards of Education, Civil Liberties, Constitutional Law, Court Litigation

Rumsey, Ralph S. – College and University, 1985
A historical analysis of the laws surrounding college-fraternity relationships, governed by the first amendment to the Constitution, and the likely state of those laws following the 1984 Supreme Court decision in Roberts v. United States Jaycees, is presented. (MSE)
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Fraternities
Morris, Arval A. – Oregon Law Review, 1979
It is suggested that the Bakke case settles so little it is virtually useless as a precedent. Its single holding is that it put Bakke in medical school; without any consistent majority rationale there is no law of the case. Available from Univ. of Oregon, School of Law, Eugene, OR 97403. (MSE)
Descriptors: Access to Education, Constitutional Law, Court Litigation, Desegregation Litigation

Gray, John; Ciofalo, Andrew – West's Education Law Reporter, 1989
Absent the constitutional rights enjoyed by the student press at state institutions of higher education, the administration at a private institution is legally free to control the content of its student press. Explores a theory that shifts the focus to academic freedom protected by contracts between faculty and institutions. (MLF)
Descriptors: Academic Freedom, Censorship, College Faculty, Constitutional Law
Stafkovich, Jacqueline A. – West's Education Law Quarterly, 1995
In "Williams by Williams v. Ellington" the Sixth Circuit Court of Appeals upheld the strip search of a female student for drugs. Explains the standards for searching students in schools as set forth by the Supreme Court in the "New Jersey v. T.L.O." decision. Considers the application of legal standards in "Williams"…
Descriptors: Constitutional Law, Court Litigation, Drug Abuse, Elementary Secondary Education
Jaschik, Scott – Chronicle of Higher Education, 1995
The Clinton administration has asked the Supreme Court to force Virginia Military Institute, currently all male, to admit women rather than have the state create a similar leadership program for women at another institution. The case parallels litigation in South Carolina involving the Citadel. (MSE)
Descriptors: College Administration, Constitutional Law, Court Litigation, Federal Courts

Strossen, Nadine – Academe, 1992
Issues and recent events concerning censorship of the arts in the United States are examined, and the threat to artistic freedom posed by recent Supreme Court decisions is examined. Focus is on erosion of the actual or imminent harm requirement of the law and on the court's class-based approach to free speech. (MSE)
Descriptors: Academic Freedom, Art, Censorship, Civil Liberties

Anderson, Jeanne – Journal of Law and Education, 2000
In August 1999, the Kansas State Board of Education voted to remove the subject of evolution from state-mandated tests required for all Kansas students. Looks at the board's decision in light of current Establishment Clause jurisprudence; examines the consequences for schools, students, and courts nationwide; and whether the state's action is a…
Descriptors: Constitutional Law, Court Litigation, Creationism, Elementary Secondary Education

Ehlenberger, Kate R. – Educational Leadership, 2002
Describes legal standard of reasonable suspicion for school officials to conduct student searches in public schools and court cases interpreting that standard. Discusses probable-cause standard for student searches by law-enforcement officials, voluntary student searches, and individual versus random searches. Recommends two practices to reduce…
Descriptors: Administrators, Board of Education Policy, Constitutional Law, Court Litigation
Clarke, Paul T. – Education and the Law, 2004
Since the advent of the "Canadian Charter of Rights and Freedoms", the Supreme Court of Canada (SCC) has rendered judgments in four cases where individual educational stakeholders have alleged violations of their constitutional rights. In three of the cases, "R. v. Jones", "Eaton v. Brant County Board of Education",…
Descriptors: Court Litigation, Foreign Countries, Public Education, Constitutional Law