The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

The Supreme Court decision in "Johnson v. Transportation Agency" supports affirmative action in principle. However, the types of affirmative action the courts will allow will continue to vary significantly. Questions and answers provide guidance for educational institutions. (MLF)

Three federal court decisions dealing with use of public university and public school facilities for student religious activities are outlined. The court decisions illustrate a "capriciousness" in the application of the "public forum" and "impressionable youth" issues and leave many questions unanswered. (MD)

Reviews the efforts of Oklahoma to comply with the 1969 Supreme Court decision, "Adams v Richardson," which required states to desegregate traditionally White educational institutions. Concludes that Oklahoma has failed to increase the number of minority students in institutions of higher education but has institutionalized the…

Explores higher education institutions' legal obligations to accommodate students with learning disabilities and the courts' review of those accommodations. Lists suggestions for responding to accommodation requests, and in defending claims asserted by learning-disabled students. (Contains 182 references.) (MLF)

The Supreme Court's recent decision in "Community for Creative Non-Violence v. Reid," although occurring outside the education field, has implications for determining whether the educator is an employee. Reid was commissioned to sculpt a statue, and the Court ruled that he was an independent contractor, not an employee. (71 references)…

In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…

In "New York Times Co. v. Sullivan," the Supreme Court held that the First Amendment protects news media defendants from libel suits by public officials and public figures. Public college and university administrators are considered to be public officials under this ruling. To prevail in defamation cases, public plaintiffs must prove…

Traces the history of laws and litigation concerning pay equity issues, also referred to as wage equity and comparable worth. Suggests that universities and colleges identify possible problems and take voluntary corrective measures before pay-equity problems arise. (MLF)

Examines the distinctions between protected free speech and discriminatory verbal harassment on college campuses. Cites numerous campus policies and recent Supreme Court decisions. Discusses a proposed guideline based on the direct use of "fighting words" to insult or stigmatize an individual. (FMW)

This newsletter on collective bargaining in higher education and the professions devotes nearly all this issue to an analysis of a recent Supreme Court decision ruling that licensed nurse practitioners are supervisors who are therefore excluded from collective bargaining protection. The "National Labor Relations Board, Petitioner versus…

The United States Supreme Court has to date decided four major cases dealing with curricula or the rights of students. The Court (1) declared unconstitutional a law that prohibited instruction in evolutionary theory, (2) upheld the right of students in school to express their views on controversial subjects, (3) extended protection under the…

This report is based on a community forum convened on May 15, 1991, in Twin Falls, Idaho, to obtain information and views on public education in Idaho; its impact on minorities; and, specifically, the high dropout rate of Hispanics, its causes, and possible solutions. Chapter 1 gives the background of a 1979 lawsuit filed by the Idaho Migrant…

Judicial decisions affecting educational policy and management that were handed down in 1990 by state appellate courts and federal courts are summarized and analyzed in this book. The analyses, each written by one or more experts in education law, are divided into eight topical chapters: (1) employees; (2) bargaining; (3) pupils; (4) handicapped;…

Judicial decisions affecting educational policy and management that were handed down in 1988 by state appellate courts and federal courts are summarized and analyzed in this book. The analyses, each written by one or more experts in education law, are divided into eight topical chapters: (1) employees; (2) bargaining; (3) pupils; (4) handicapped;…