In "Fordice," the Supreme Court refused to recognize that the higher education system for the state of Mississippi had desegregated. Discusses the implications of the resultant new constitutional standard for the desegregation of higher education; financial effects on black colleges; and how the new standard could affect federal district…

Describes an Illinois case involving the demotion of an elementary school principal with 5 years of experience to a classroom teacher. The former principal sued the district claiming that her state due-process rights were violated. The state court disagreed, entering a summary judgment for the district; later affirmed on appeal. Reviews other…

In this study, the authors examined how overreporting of psychopathology indices on the Personality Assessment Inventory (PAI; L. C. Morey, 1991) performed as screening measures for malingering in a sample of 166 defendants undergoing pretrial court-ordered evaluations in the federal criminal justice system. Using results from the Structured…

By accepting two appeals on the voluntary use of race in assigning students to public schools, the U.S. Supreme Court will likely decide the constitutionality of widespread practices that school districts use to promote diversity. And the decision could affect schools in unforeseen ways. In both cases, parents of white children have challenged…

Using a patented drug during clinical trials is not infringement [35 U.S.C. 271(e)(1)]. Merck v Integra enlarged this "safe harbour" to accommodate preclinical use of drugs and patented "research tools" if "reasonably related" to FDA approval. The decision allowed lower courts, should they wish, to find any use of a research tool, except for…

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…

The author uses the experience of the Ferguson (St. Louis County, Missouri) school district to raise questions about the implications of an apparently successful attempt to eliminate the distinction between "de facto" and "de jure" desegregation. Growing out of litigation begun in 1972, the U.S. District Court in 1975 ordered…

One of the most pressing issues for educational researchers is the utilization by courts of social fact evidence. The purpose of this research was to empirically analyze the performance of federal trial courts in a broad sample of representative cases. Using computer screening, a sample of 65 federal cases decided during 1970-77 was identified.…

An historical study of the neighborhood system of school assignment is presented in this monograph. The basic framework of this research is that of the legal history of the neighborhood school policy and the relationship of this policy to school segregation. The applicable State and Federal court cases and decisions are cited for the various…

This study explores the antecedents of the Newspaper Preservation Act of 1970 (a provision which allowed for limited exemption from federal antitrust laws), including the case of "United States vs. Citizen Publishing Company" and the failing-company doctrine as enunciated in "International Shoe Company vs. Federal Trade…

Available from: National Center for Law and the Handicapped, Inc., 1235 North Eddy Street, South Bend, Indiana 46617. Reviewed are the constitutional basis, federal case law (PARC v. State of Pennsylvania and Mills v. Board of Education of the District of Columbia), state law, and federal legislation which support the right of handicapped children…

Identifies criteria relating to procedural due process from current judicial opinions, rulings of state attorneys general, and state administrative codes; applies the criteria to an analysis of school policies; and suggests guidelines for public school districts in the assessment, implementation, and revision of policies relating to procedural due…

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)