Describes the problem arising from the Supreme Court's divided opinion in the 1978 higher education affirmative-action case of "Regents of the University of California v. Bakke"; discusses the outcome of several affirmative-action cases since "Bakke"; speculates on future efforts to further student diversity in higher…

This guide identifies those 307 United States Supreme Court opinions between 1799 and 2001 that cited one or more federally recognized American Indian treaty. In total, there are 1,325 citation entries to 209 of these 375 recognized instruments. Two tables present these data: one ordered by ratified treaty number and one by Court case title.

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

In 2005, the United States Supreme Court rendered a closely divided opinion that extends the protections against discrimination provided by Title IX of the Education Amendments of 1972 to include a private cause of action for retaliation in "Jackson v. Birmingham Board of Education." Therefore, "whistleblowers," or employees who report allegedly…

Despite the creeping resegregation of public schools, recent court decisions have been involved in the lifting of court-ordered desegregation decrees, which could arguably cause further segregation. When dismissing desegregation decrees, lower courts have relied on three U.S. Supreme Court decisions during the 1990s that permitted a lower standard…

In 1964 the United States Supreme Court issued a landmark decision, in the case of the New York Times v. Sullivan, that was hailed as a tremendous victory for the news media. This decision changed the law of libel by introducing a fourth requirement of "actual malice" in addition to three previously accepted requirements--publication,…

A study examined the quantity and quality of libel decisions of the Warren and Burger Supreme Courts to determine how changes in libel law came about, how individual justices voted on libel compared to other issues of freedom of expression, and how permanent constitutional libel rules will be as the more conservative Rehnquist Supreme Court takes…

This paper considers how the Supreme Court used an idealized history of the infamous Alien and Sedition Acts of 1798 to help justify its decision in "New York Times v. Sullivan" in 1963. The first section of the paper discusses the Alien and Sedition Acts of 1798, the second section discusses the Court's use of history in the "New…

Within the purview of Title VII of the Civil Rights Act of 1964, legislation has specifically addressed testing practices. Reviews the historical perspective of employment testing, nonuniformity of lower court interpretations of Title VII, and Supreme Court decisions; and presents recommendations for administrators and legislators. (MLF)

Reviews immigration laws and Federal Court decisions of 1985 establishing precedents for immigration litigation. Focuses on decisions concerning asylum and deportation; agricultural workers; adjustment of immigrant status; and deferred action. Argues that the recent sharp increase in immigration litigation indicates a need for immigration reform…

The concept of comparable worth bases its legal claims in the Equal Pay Act of 1963, the Civil Rights Act of 1964, and a 1981 decision of the United States Supreme Court. Still, assertions that comparable worth should be invoked to correct wage discrimination have usually been rejected in federal courts. (PGD)

In "Lynch v. Donnelly" (the Pawtucket, Rhode Island, creche decision), the United States Supreme Court has signaled its willingness to give greater latitude to government involvement in religious activity. (TE)

Title IX provides no private right of court action. (Author/IRT)

Warns that under the Civil Rights Act of 1871 school board members are liable to employees and students for violations of their civil rights, and indicates that, in light of recent court decisions, board members will probably be liable for denial of due process in actions against teachers and students. (JF)