According to the U.S. Supreme Court ("Island Trees School District v. Pico," 457 U.S. 853, 1982), the Constitution presupposes that the free flow of information between the government and the public is essential to maintaining an informed citizenry, which in turn is essential to holding governments accountable. However, local governments…

State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

This September, Oxford University Press is publishing "Out of Range: Why the Constitution Can't End the Battle Over Guns." Written by Mark Tushnet, the William Nelson Cromwell Professor of Law at Harvard Law School, "Out of Range" explores competing interpretations of the Second Amendment and discusses how the entanglement of…

The programmatic structure and modes of implementation of U.S. social provisions must be understood in order to gain insight into social programs in the United States. National standards have not been established for public benefits and "social security" has remained firmly separated, both institutionally and symbolically, from…

James Madison's thoughts on various interpretations of the Constitution maintain that public opinion is the ultimate method of legitimizing the document. The Constitution must prevail against mere public opinion, but public opinion may be used to establish the meaning of the Constitution when conflicting interpretations exist. The public good and…

This hearing contains testimony presented at a hearing conducted to investigate the legality of the President's early termination of the appointments of three members of the National Commission on Libraries and Information Science (NCLIS). On September 21, 1981, three NCLIS commissioners, Clara Jones, Frances Naftalin, and Joan Gross, received…

The American tradition of sovereign immunity and the Eleventh Amendment of the United States Constitution have provided certain legal protection to government personnel, including leaders of public elementary, secondary, and post-secondary institutions, but the concept of governmental immunity may be difficult to understand as it applies to…

This report illustrates a range of options for Congressional action in nine principal areas of public policy related to infertility: (1) collecting data on reproductive health; (2) preventing infertility; (3) information to inform and protect consumers; (4) providing access to infertility services; (5) reproductive health of veterans; (6) transfer…

Senate confirmation hearings on President Reagan's nominees for the U. S. Supreme Court raise questions about what these nominations tell about law. The controversy that surrounded the confirmation of the Reagan nominees was a direct result of two competing conceptions of law: legal formalism and legal realism. Legal formalism views law as a…

Focuses on two U.S. Supreme Court cases involving unreasonable searches and seizures: (1) Kyllo v. United States, No. 99-8508; and (2) Indianapolis v. Edmond, No. 99-1030. Includes information about the first case and the basis and decision of the second case. (CMK)

Focuses on school desegregation as a result of institutional policies, on the legal and extralegal policies that generated and perpetuated racial segregation in public education. (Author/RK)

Focuses on the process of amending the U.S. Constitution and describes Article V in detail. Explores the intent of the framers of the Constitution and provides historical information on the the various amendments. Addresses proposed amendments and the failure to ratify the Equal Rights Amendment. Includes questions for discussion. (CMK)

Provides viewpoints on whether the constitutional amendment process needs to be changed or not: (1) "When in Doubt, Do Nothing" (R. B. Bernstein); (2) "Citizens for the Constitution" (Erwin Chemerinsky); (3) "Constitutional Proposals from the States" (John Kincaid); and (4) "I Have a Better Way" (Gregory D.…

Provides background information on four constitutional amendment proposals: (1) flag protection amendment; (2) school prayer amendment; (3) balanced-budget amendment; and (4) victim rights amendment. Evaluates each in terms of timeliness, the support base, and the strength of their opposition. Includes questions for discussion. (CMK)

This document presents witness testimonies addressing faith-based charities that offer critically needed social services through publicly funded and professionally managed programs. Specifically, the hearing discusses the possibility of extensive expansion of government involvement in faith-based charities, and some of the legal and policy…