Discusses federal involvement in education (control of public schools, federal funding, federal regulations, increase in regulatory behavior, specification of funding for vocational education, and judicial involvement). The New Federalism in education is examined in terms of policy moves by the executive branch of the government and the trends in…

Reviews progress made toward educating handicapped children in the United States under Public Law 94-142. Describes how proposals by the Reagan Administration to reduce Federal involvement in education would place a heavy burden on individual States and would erode recent gains in educational opportunity for the handicapped. (GC)

An introduction to a projected collection of essays on law and governance, this paper traces the reasons for and issues in increased federal control of education and lays down the format of the forthcoming collection. The author notes that, although the problems of increased bureaucratic involvement have not been so dramatic in education as…

Noting that the Supreme Court in 1997 considered the question of whether the Internet would be regulated by the government as broadcasting or whether it would remain as free as newspapers, this paper examines the difficulty involved in applying old law to new technology. It also notes that while journalism education generally has accepted…

The Federal Communications Commission (FCC) is empowered with a delicate balance of executive, legislative, and judicial powers, putting the Commission in a vulnerable position whenever its decisions are reviewed. This paper takes the position that a "super-regulatory" title is unjustified when applied to the legally sanctioned role…

As a supplement to the basic text, "Higher Education and the Law," this book briefly describes the American legal system for scholars, students, and administrators in the field of higher education who have had little or no legal training. The following topics are addressed: The United States Courts, the process of judicial review, reading and…

The implications for research of the Lau regulations, the political climate in which the regulations were withdrawn, and the Lau remedies are explored. Research activities have been mandated by the Bilingual Education Act of 1978 in the areas of needs assessment, the quality of educational services, and the effectiveness of Title VII programs.…

A compelling argument can be made for the "public forum doctrine," which states that public broadcasting stations licensed to government bodies have a greater obligation than commercial stations under the First Amendment to transcend political and personal biases in making programing decisions. It is also equally important that…

Offers an analysis of the legal, court, and regulatory work of the Reagan and, to some extent, the Bush administrations on the issues of civil rights and affirmative action. Argues that these administrations worked to shift the views of the high court and mounted an offensive against affirmative action. (JB)

Traces recent developments in federal/state relations including the shift in federal aid from places to people. Examines the change in federal influence from grants to regulations. Concludes with a discussion of the differences between Congressional and White House attempts to trim the federal budget. (MJP)

Traces the historical development of the conflict between state sovereignty and the role of the federal government. State sovereignty, supposedly guaranteed by the 10th Amendment, has been seriously eroded by the federal government's extension of the commerce clause. Briefly discusses seminal cases in this development. (MJP)

Maintains that intergovernmental relations are dynamic because local, state, and federal governments constantly respond to changing expectations. This interdependent relationship requires the various governments to modify their pursuit of special interests through daily bargaining. This process affects every aspect of government. (MJP)

Encapsulates several brief articles providing perspectives from the states, the 104th Congress, the Supreme Court, and the White House. Issues covered include the Unfunded Mandates Reform Act and the White House attempts to reduce the federal workforce. Authors include Hank Brown, Rita G. Koman, James L. Martin, and Joseph R. Marbach. (MJP)

Eight papers from a one-day conference for lawyers, judges, and policy-makers discuss the effects on intergovernmental relations of the emerging body of laws, regulations, and court decisions governing federal grants and their recipients. The expanding importance of federal grants, notes an introduction to the papers, has meant both less leeway…

Presents opposing viewpoints on federalism and state sovereignty. Charles J. Cooper argues for states powers based on a constructionist interpretation of the constitution. Herman Schwartz maintains that the national economy is so tightly intertwined, and the protection of civil liberties is too great to leave these functions to the states. (MJP)