If a suit is brought as a class action, either plaintiff or defendant may move to uphold or challenge class certification. If neither does so, the court decides whether the action may be maintained as a class suit. Prerequisites for class certification from Rule 23 (Federal Rules of Civil Procedure) are explained. (TE)

This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

The purpose of this paper is to examine the current status of freedom of the press with regard to past and present judicial rulings. A section devoted to "The Background of Prior Restraint" examines the historical basis for current legal decisions. In "Threatening Progeny," court decisions unfriendly to the press such as the…

Attempts to clarify the application of rules against employment discrimination by examining the nature of the seniority system and examining the theory and mechanism of federal court and administrative agency remedies. Reviews recent problems that have tested these remedies, focusing on layoffs and liability-minimizing initiatives open to…

Adapted from papers presented to the Missouri Association of Junior Colleges, October, 1968, and the Southern College Personnel Association, November, 1968.

Twenty-five years ago, law suits seeking recovery against the individual resources of school board members were virtually unheard of. Now, personal judgments impacting upon the individual resources of board members are commonplace. The legal developments that have contributed to this rather sudden change of circumstances are explained in this…

Offers brief summaries of upcoming Supreme Court cases that have implications for education, including two cases involving religion, affirmative action, and school policy regarding employees and students who have Acquired Immune Deficiency Syndrome (AIDS) or carry AIDS antibodies. (DMM)

Analyzes U.S. Supreme Court decisions as speech acts to determine how the opinions communicate the legitimacy of the court's decisions and secure the consensus of the discourse community, investigating such aspects as institutional context, the adversarial context of legal communication, the grammar of conflict, and the rhetoric of discovery. (64…

Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…

The Supreme Court's three 1986 decisions and March 1987 decision concerning affirmative action and their implications for hiring, promotion, layoffs, and admissions in higher education institutions are discussed. (MSE)

This is the 22nd in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…

Concludes that federal courts subpoena reporters less often and uphold subpoenas less often than do state courts. (FL)

Illustrates how the Supreme Court has been divided in its 1989 decisions on affirmative action. Reviews the following cases: City of Richmond v. J.A. Croson Co.; Price Waterhouse v. Hopkins; Wards Cove Packing Company, Inc. v. Antonio; Martin v. Wilks; Lorance v. AT&T Technologies, Inc.; Patterson v. McLean Credit Union; and Jett v. Dallas…

Examines the circuit court's decision in favor of Greyhound in a suit alleging that the company's refusal to accept applications for bus driver from persons under 35 violated the Age Discrimination in Employment Act (ADEA). Submits that the decision frustrates congressional intent by permitting arbitrary and unreasonable age discrimination. (JT)