A review of literature revealed three groups of scholars expressing concern regarding the Bakke decision: (1) those who agree with the decision; (2) those who disagree with the decision, contending that the state must remedy past societal discrimination; and, (3) those who felt the court was too vague and chose an accommodationist approach.…

This essay outlines the federal role through Congress, the executive branch, and the judiciary in increasing equality of educational opportunity in the United States. Special emphasis is placed on government efforts of the 1960s and 1970s. (CT)

Judicial activism raises the question whether the people, through their elected representatives, should make decisions about social policy issues or whether these decisions will be made by appointed members of the federal judiciary. Through a series of judicial decisions, many basic social problems have become nationalized. Yet the U.S.…

In this commencement address given by the Assistant Attorney General, Civil Rights Division of the Department of Justice, a brief review of the Younger vs. Harris case is given. In this case, the Supreme Court ruled that federal courts could not issue injunctions against state criminal proceedings on the ground that such prosecutions would result…

Despite the phenomenal growth of abundance during the 1960's, the quality and satisfactions of daily living declined. (DM)

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…

Clarifies the concept of discretion, demonstrates how far the courts have been willing to tolerate it, and charts some new paths that appear to be opening before those who advocate wide judicial review. Available from the Osgoode Hall Law School, York University, 4700 Keele Street, Downsview, Ontario, Canada, M3J 2R5; $8.00/issue. (Author/IRT)

A test of a videotaped trial (article is a part of a symposium on legislative and judicial communications). (CH)

This paper provides a brief judicial history of education in the District of Columbia. Court cases discussed include: school desegregation, curriculum, busing, teacher assignments, resource allocation, special education, and student rights. (Author/AM)

Notes that the court's posture toward desegregation at a given time is dependent upon popular opinion and the attitudes of Congress and the President. However, the court often seems to disagree with shifts in the more political branches of government. (Author/AM)

This report analyzes recent cases and legislation in the area of church-state separation. A brief introduction asserts that the Supreme Court's method of evaluating establishment clause controversies is undergoing pervasive changes that have permitted incursions on establishment principles. The rest of the paper, providing support for this…

A delineation of the changed body of school curriculum law, beginning with an examination of the U.S. Constitution and proceeding to examine the scope and limitations of the authority of Congress and the federal agencies, state governments, state courts, local boards of education, and parents. (CM)

Explores the concept of separation of powers in terms of recent conflicts between the executive and legislative branches of the U.S. government. Points out that what the Supreme Court has said about separation of powers in the domestic context may complicate resolution of more serious problems in foreign affairs. (BSR)

Asserts that the federal government should adopt a centralized governmental structure for the privacy protection of personal information and data. Discusses the roles of federal law, federal agencies, and the judiciary; the concept of information privacy; the impact of current technologies; and models of centralized government structures for…