The U.S. Supreme Court has struck down parts of the Communications Decency Act as violating the First Amendment. The law was predicted to wreak havoc on the Internet and connected campus computer networks. The 1996 law was aimed at protecting children from pornography but threatened the availability of a wide range of materials,…

When Congress adopted the First Amendment to the U.S. Constitution in 1789, it left open many questions that would arise concerning church-state relations. It became clear early in the history of the country that the Supreme Court would have a great impact on how the First Amendment would be upheld and interpreted. This book examines how Congress…

The responsibility for preventing too much federal regulation of education rests with the educators themselves. The author urges administrators to assert greater influence on legislators and offers five ways to regulate the regulators. (Editor/LBH)

Argues that an understanding of the unique legal status of American Indians is essential to appreciating the myriad of problems faced by the more than 300 tribes in the U.S.: Indian law is a complex field based upon numerous treaties, statutes, regulations, and court decisions. (Author/JM)

Examines the struggle for power in the Bureau of Indian Affairs, focusing on the question of whether Indian land and water will be controlled by Indians or somebody else; there are three answers: control by Indians themselves; control by the federal government, and control by anyone who can take it, i.e., termination. (Author/JM)

Reviews 100 lower court decisions since the 1982 U.S. Supreme Court ruling that mandated access to education for handicapped students. Concludes that the courts have remained willing to support parents in obtaining services for their handicapped children. (FMW)

The goal of this mock trial is to dramatize the Federalists' struggle to strengthen their control over the judicial branch of the U.S. government after losing the Presidency and Congress in the 1800 election. This mock trial reveals the personalities of key historical figures, such as Jefferson, Madison, and Marshall and distinguishes how they…

Judicial decisions resulting from suits brought under provisions of the United States Constitution and the various civil rights statutes continue to have a significant impact on personnel administration. The 1972 amendments of Title VII of the Civil Rights Act of 1964, which brought State and local governments within the scope of Title VII, have…

This publication, an annual report to Congress, covers measures taken to implement the objectives of the Federal Water Pollution Control Act. The report was developed by the Environmental Protection Agency (EPA) and covers calendar year 1973. A letter introducing and highlighting the report from the EPA Director to the Congress is given at the…

This paper examines what exactly an educational record is. The definition of educational record is central to how the provisions of the Family Educational Rights and Privacy Act (FERPA) are laid out. In order to gain FERPA protection, a document must be considered an educational record. To set context, the paper describes FERPA as an act stating…

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…

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…

To uphold constitutionally approved teaching about religion (and refrain from unconstitutional religious indoctrination), schools are advised to adopt an approach that is academic, not devotional. Other responsibilities include, making sure that students' beliefs--especially those who are not religious or are otherwise in the minority--are never…

The Eleventh Circuit ruling in "Greer" establishes relatively clear guidelines for making choices regarding mainstreaming in considerations of appropriate programing. Only when mainstreaming in a regular class is not appropriate may a determination be made as to how the child can be placed in a special-education setting in the least…