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Eveslage, Thomas – Quill and Scroll, 1986
Discusses recent Supreme Court decisions involving student newspapers and freedom of speech, and offers some precautions against possible court litigation and ways to preserve student rights. (SRT)
Descriptors: Censorship, Court Litigation, Federal Courts, Freedom of Speech
Burger, Warren E.; And Others – The Chronicle of Higher Education, 1984
The texts are presented of the Supreme Court opinions in the case of the Selective Service System vs. Minnesota Public Interest Research Group, which upheld a federal law requiring college students to register for the draft before receiving federal student aid. Included are the majority opinion by Chief Justice Warren E. Burger and dissenting…
Descriptors: Activism, College Students, Court Litigation, Eligibility
Peer reviewed Peer reviewed
Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1983
A copyright infringement suit involving duplication of material for classroom use without permission or acknowledgement and related cases are discussed with reference to the fair use privilege, the Copyright Act of 1976, and congressional guidelines. Generally, fair use has been rejected as a blanket defense in classroom copying. (MJL)
Descriptors: Copyrights, Court Litigation, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Simms-Brown, R. Jean – Southern University Law Review, 1979
The "Bakke" decision should provide a message to Black students, teachers, and administrators to strive for excellence. Available from Southern University Law Review, Southern University School of Law, Southern Branch Post Office, Baton Rouge, LA 70813. (IRT)
Descriptors: Blacks, Court Litigation, Educational Quality, Elementary Secondary Education
Dyer, Edgar – West's Education Law Quarterly, 1996
Discusses whether public college and university faculty have the right to choose the textbooks for their courses or whether the choice can be dictated by administrative decree. Concludes that tenured professors should have an absolute right to choose the texts for their courses, as long as the text assists in fulfilling the stated institutional…
Descriptors: Academic Freedom, College Faculty, Court Litigation, Federal Courts
Wilson, Robin – Chronicle of Higher Education, 1990
The Supreme Court's ruling in a flag-burning case raises questions about whether antiharassment policies that colleges and universities have adopted, penalizing slurs and epithets used by students to harass others, violate the First Amendment to the Constitution. If public college policies were found unconstitutional, private colleges would not…
Descriptors: Antisocial Behavior, Constitutional Law, Court Litigation, Federal Courts
Peer reviewed Peer reviewed
Sacken, Donal M. – West's Education Law Reporter, 1990
Academic freedom is invoked as both an individual freedom and an institutional bulwark. "Parate v. Isibor," recently decided by the Sixth Circuit, illustrates many of the problems that the concept causes litigants and courts. The unfortunate compromise resolution trivializes the principles ostensibly protected by academic freedom. (MLF)
Descriptors: Academic Freedom, Court Litigation, Faculty College Relationship, Federal Courts
Jaschik, Scott – Chronicle of Higher Education, 1994
The Supreme Court's 1992 decision on desegregation in state higher education systems is criticized for lacking force and creating confusion. The ruling encourages states to support historically black colleges by adding academic programs. Some feel the ruling will not help most black students, who are enrolled in predominantly white institutions.…
Descriptors: Black Colleges, Black Education, College Desegregation, Court Litigation
Jaschik, Scott – Chronicle of Higher Education, 1994
The Department of Education's announcement of new policy concerning the evaluation of college desegregation efforts could affect the monitoring of compliance in several states in which court-ordered desegregation plans have expired. The higher standards are based on the 1992 Supreme Court ruling, United States v. Fordice. (MSE)
Descriptors: College Desegregation, Compliance (Legal), Court Litigation, Federal Courts
Peer reviewed Peer reviewed
Hunsicker, J. Freedley, Jr. – Journal of Law and Education, 1992
Takes issues with Gregory Hauser's previous article positing a constitutional right of social fraternities to formal recognition at public institutions of higher education. Reanalyzes each of the associational cases cited by Hauser, cites additional cases, adds a waiver argument, and wraps up with a public policy comparison of higher education…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Fraternities
Jaschik, Scott – Chronicle of Higher Education, 1992
A federal judge has ruled that 23 prestigious colleges and universities in the Overlap Group violated federal antitrust laws for over 20 years when they met to compare financial-aid packages to be awarded to prospective students, rejecting arguments of social and educational need and nonapplicability of antitrust law. Massachusetts Institute of…
Descriptors: College Applicants, Competition, Court Litigation, Federal Courts
Blumenstyk, Goldie – Chronicle of Higher Education, 1991
The Justice Department restated and clarified its position in a landmark higher education desegregation case to be heard in the Supreme Court, providing a substantial boost to Black-college supporters. The new brief explicitly affirms federal government support for historically Black colleges, calling them a vital component of U.S. higher…
Descriptors: Black Colleges, College Role, Court Litigation, Federal Aid
Russo, Charles J.; Scollay, Susan J. – West's Education Law Quarterly, 1993
The United States Court of Appeals for the Fourth District, although stopping short of ordering the Virginia Military Institute (VMI) to admit women, ordered VMI to implement a program which comports with the requirements of equal protection. Offers an analysis of the Fourth Circuit's ruling, a discussion of important educational questions, and a…
Descriptors: Court Litigation, Equal Protection, Federal Courts, Higher Education
Peer reviewed Peer reviewed
Byrd-Chichester, Janell – Journal of Negro Education, 2000
Places current controversies over affirmative action and higher education desegregation in the historical context of legal challenges to the U.S. racial social order. With a specific focus on the role of federal courts, the article provides an overview of the legal cases and issues involved in efforts to address the effects of segregation and…
Descriptors: Affirmative Action, Black Students, Court Litigation, Desegregation Litigation
Metzger, Mark J.; Zirkel, Perry A. – 1981
This chapter discusses litigation concerned with collective bargaining issues at the postsecondary level. The material is organized to follow the basic sequence of steps in the negotiation process, from the rights of organization to the issues of arbitration. Issues covered include determination of bargaining units, scope of bargaining, union…
Descriptors: Arbitration, Collective Bargaining, Court Litigation, Federal Courts
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