Clarifies some of the conceptual, empirical, and normative issues that have been raised by criticisms of affirmative action. Indicates that the issues are more complex and the criticisms less decisive than some commentators seem to realize; the case against affirmative action has not been made in any rigorous sense. (Author/IRT)

Concludes that even though Federal legislation designed to equalize employment opportunities for all U.S. citizens has been enacted, the only group to enhance its employment status over the past ten years has been that of white males. (Author)

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

Reviews developments in the law regarding student affirmative action in college admission and financial aid, and reflects on the growing trend toward state referenda banning preferences based on race and gender. (Author)

Given the overwhelming popular appeal of merit-based college admissions, George La Noue advocates a new transparency in how colleges and universities select their students. He has some suggestions about how colleges might comply with court-mandated requirements for case-by-case evaluations. He also provides hints from which NAS members might…

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

A report from Washington on federal appropriation, legislation, and court litigation. (MLF)

Federal laws and regulations designed to assure equal employment opportunities have only recently been applied to faculty employment, but they have rapidly become an important issue in higher education. The goal of true equal employment opportunity has been pursued in court cases and legislation for many years, principally in the industrial…

This document explores some of the interrelationships between the collective bargaining process and equal employment issues. The National Labor Relations Act, the federal collective bargaining statute, is the focal point of the labor law discussion because it has had significant impact on the drafting and interpretation of state labor legislation…

In the context of an analysis of the Davis case, an expansion of the law regulating rights of the handicapped to higher education is encouraged. Constitutional arguments are applied. The burden of providing reasonable access is placed on institutions. Equal protection and due process arguments may be used as theories of relief. (MSE)

The legal results of the Court's exercise of restraint are quite logical; the social results are more problematical, as too many individuals remain disenfranchised in whole or in part from comprehensive federal protection. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123; sc $3.50. (Author/IRT)

A number of school attorneys claim that some of the Office for Civil Rights rules exceed statutory authority and impermissibly require "affirmative action" by school districts for certain students with disabilities. Explains that this is a technical legal issue and states why this controversy exists. (MLF)

Exemption 4 of the Freedom of Information Act (FOIA) protects from disclosure by government agencies privileged and confidential trade secrets and commercial or financial information. Based on early Exemption 4 litigation, courts have devised a "substantial competitive harm test" to decide whether requested information should be covered…

Some Americans believe that governmental attempts to end discrimination in employment have gone too far, leading to reverse discrimination and excessive governmental power. Others believe that the government has not gone far enough. Evidence shows that discrimination against women and members of minority groups has declined, even though it is…

Title IX addresses itself to the elimination of sex discrimination in many of the major areas of education: curriculum, counseling, athletics, extracurricular activities, employee benefits, staffing, and so forth. Primary responsibility for the enforcement of Title IX rests with the Office of Civil Rights, U.S. Department of Health, Education and…