Discusses two major barriers to successful legal challenges to denial of tenure based on allegations of gender or race discrimination: court deference to academic decision-making and the complexity of the process leading to the granting or denial of tenure. (PKP)

After reviewing the history of corporal punishment in schools, author discusses "Ingraham v. Wright," wherein the U.S. Supreme Court found that the use of corporal punishment in schools was not unconstitutional. Calls for the federal courts to ensure that a student's 14th Amendment liberty interest is protected when subjected to…

In "Elk Grove Unified School District v Newdow" ("Elk Grove"), the Supreme Court, in an 8-0 judgment, with three concurrences, upheld the words "under God" in the Pledge of Allegiance. In light of the uproar caused by "Elk Grove", this article is divided into three parts. After reviewing the history of the Pledge the second section examines the…

This group of four papers considers the future of the cable television industry, and in particular, examines the impact of recent court and regulatory decisions in this field. The papers presented are: (1) "The First Amendment, Cable TV, and the Must-Carry Rule: Moving towards a Cost-Benefit Analysis" (John R. Woodbury, Federal Trade…

Three papers consider various aspects of the AT&T (American Telephone and Telegraph Company) court-ordered divestiture. The first paper, "InterLATA Toll Alternatives for the Bell Regional Holding Companies" (Elizabeth A. La Blanc, Ann M. Wolf, and Richard M. Wolf), examines six options available to the RHCs (regional holding…

That competition in broadcasting may not bring about sufficiently heterogeneous programing has long been the subject of debate among policymakers, and nowhere has that debate been more acrimonious than in its application to the diversification of radio formats. While the Federal Communications Commission (FCC) prefers to leave questions of…

To examine the status of opinion as protected speech, a study sought answers to three questions: (1) Is opinion protected under the constitution? (2) If protection exists for opinion, has it usurped the common law fair comment defense in libel litigation? and (3) How do the courts define opinion in the context of libel? Answers were sought in…

This study examined Chief Justice William Rehnquist's position on four recent Supreme Court cases related to parochaid as well as four other Supreme Court rulings dealing with economic or racial discrimination. The presentation of this study's research should present one perspective on how and why the Establishment Clause is being rewritten and…

In 1981 the federal courts decided hundreds of cases involving schools relating to civil rights statutes, the First Amendment, the Fourth Amendment, and the equal protection clause of the Fourteenth Amendment. Lawsuits concerning the handicapped involved such issues as the costs of determining what is equal opportunity in education, full-time…

As a means of providing additional search warrant protection for the news media and others engaged in public communications, the United States Congress adopted the "Privacy Protection Act of 1980." Legal and documentary research conducted over a period of two years has revealed a potential defect of the statute relating to the court…

Chapter 1 of a book on school law, this article analyzes the role of the U.S. Supreme Court, and contends that there has been a judicial takeover of functions that had been delegated by the Constitution to the states and to the people. Specifically, the author argues that much of the Supreme Court's expansion of its powers rests on the selective…

At least for non-school-sponsored publications, prior restraints on student expression violate the First Amendment. School rules regulating content and manner of distribution of student publications must be precisely drawn, subject to the effect of the Supreme Court's refusal to consider the merits of Jacobs v. Board of School Commissioners.…

The development of community antenna television (CATV) is traced from its beginnings in various local efforts to bring television to areas of poor reception. The history of federal, state, and municipal regulatory practices and problems are examined, and the potential applications of cable television are discussed in some detail. (JY)

In 1973, the U.S. Supreme Court remanded Keyes v Denver to the district court for further proceedings. In past hearings, the court had concluded that minority populations in Denver were receiving an inferior instructional program in violation of constitutional and legal rights. After remand from the Supreme Court, the court requested assistance in…

The Handicapped Children's Protection Act of 1986 authorizes courts to award attorneys' fees to handicapped children. Examines Supreme Court's decisions and the history of the act, then analyzes the innovative features of its attorneys' fees provisions. (MLF)