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Horner, Jeff – West's Education Law Reporter, 1991
Section 1983 opened the federal courts to private citizens by creating a cause of action for invasion of rights protected by federal law. Liability can only be established through proof that injury was occasioned by the implementation of municipal "policy or custom." Examines the evolution of this court doctrine. (MLF)
Descriptors: Civil Rights, Constitutional Law, Court Doctrine, Court Litigation
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Rossow, Lawrence F.; Rossow, Nancy D. – Journal of Law and Education, 1990
Traces the legal history of prayer clubs and related religious activities in schools. Cites psychological arguments that high school students are generally independent and capable of critical thinking; contends that research is needed in determining whether high school students can specifically perceive religious neutrality. (MLF)
Descriptors: Court Litigation, Federal Courts, High School Students, High Schools
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O'Brien, David M. – Update on Law-Related Education, 1989
Analyzes the actions and effects of the U.S. Supreme Court under Chief Justice William H. Rehnquist. Considers Court decisions written in 1988-1989, commenting on the Court's growing self-confidence and strength. Concludes that the Rehnquist Court could be one of the most lasting legacies of the Reagan era. (LS)
Descriptors: Constitutional Law, Court Judges, Court Litigation, Elementary Secondary Education
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Phillips, Debra Hallock – Update on Law-Related Education, 1989
Presents an activity in which secondary students consider what characteristics make a good U.S. Supreme Court justice. Requires students to distinguish between formal and informal qualifications for office. Utilizes student research skills to gain information about Supreme Court justices. Includes two handouts. (LS)
Descriptors: Court Judges, Critical Thinking, Federal Courts, Law Related Education
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Crosby, Mary Neil – Update on Law-Related Education, 1989
Considers the impact of strong public opinion on the U.S. Supreme Court's decision in "Webster v. Reproductive Health Services." Points out three uses of public opinion in Supreme Court decisions and remarks on the Court's insulation from the public. Concludes that amicus curiae briefs are the one persuasive tool for influencing the…
Descriptors: Abortions, Court Litigation, Elementary Secondary Education, Federal Courts
Harrington-Lueker, Donna – American School Board Journal, 1989
The Supreme Court's past and expected future rulings on abortion cases will add controversy and costs to schools. Estimates the costs of teenage pregnancy; reviews the legal history of abortion; and offers guidelines on how schools can help reduce teenage pregnancy. (MLF)
Descriptors: Abortions, Court Litigation, Federal Courts, Parent Participation
Jaschik, Scott – Chronicle of Higher Education, 1989
A recent Supreme Court ruling in a lawsuit concerning sex discrimination in corporate promotion decisions had circumstances similar to those in academic discrimination litigation, and may make it easier for college faculty to bring discrimination cases against colleges and universities. (MSE)
Descriptors: College Faculty, Court Litigation, Employment Practices, Equal Opportunities (Jobs)
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Academe, 1989
In 1960 legal activities became incorporated into a staff position, although leaders of the legal profession have been active in the American Association of University Professors (AAUP) since its founding. AAUP has filed approximately 77 briefs in the federal and state courts, all directed to advancing AAUP policies. (Author/MLW)
Descriptors: College Faculty, Court Litigation, Faculty Organizations, Federal Courts
DeLoughry, Thomas J. – Chronicle of Higher Education, 1989
The Supreme Court will not hear an appeal by a software publisher suing the University of California at Los Angeles for copying its computer programs, upholding state rights in copyright law. However, federal legislation paving the way for such suits in the future is being drafted. (MSE)
Descriptors: Computer Software, Constitutional Law, Copyrights, Court Litigation
Peer reviewed Peer reviewed
Hooker, Clifford P. – West's Education Law Reporter, 1988
An analysis of litigation involving teachers in their relation to the public school system between the years 1965-1986 identified the issues that have generated over 4,000 lawsuits. The findings have public policy implications for state legislatures and teacher organizations. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public School Teachers
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Wegner, Judith Welch – Journal of Law and Education, 1988
Argues that special education jurisprudence is a composite creation resulting from the interplay of section 504 of the Rehabilitation Act, the Education for All Handicapped Children Act, and the Handicapped Children's Protection Act of 1986. These statutes embody a coherent approach for ensuring that handicapped children receive needed educational…
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Equal Education
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Lincoln, Eugene A. – West's Education Law Reporter, 1989
In deciding "Honig v. Doe" the United States Supreme Court held that the unilateral exclusion of a handicapped student for conduct caused by the student's disability, for a period in excess of 10 school days, constitutes a prohibited change of placement. Identifies and discusses seven unanswered questions regarding disciplining…
Descriptors: Court Litigation, Disabilities, Discipline, Elementary Secondary Education
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Russo, Elaine M. – Journal of Law and Education, 1989
In "Hazelwood School District v. Kuhlmeier," the Supreme Court held that school authorities did not violate students' First Amendment rights by censoring a high school newspaper. Traces the history of the decision and contends that the Court has effectively curbed the role of the school newspaper as a student voice. (MLF)
Descriptors: Censorship, Court Litigation, Federal Courts, Freedom of Speech
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Reuter, E. Edmund, Jr. – West's Education Law Reporter, 1989
Two federal circuit court cases clarify the transactional relationship between the teacher and the educational institution: "McConnell v. Howard University" focuses on the institution's responsibility to provide a proper academic atmosphere; "Maples v. Martin" recognizes the rights of public college professors to communicate professional concerns…
Descriptors: Academic Freedom, Accrediting Agencies, Court Litigation, Federal Courts
Jaschik, Scott – Chronicle of Higher Education, 1989
The Supreme Court decision in Martin vs. Wilks gives employees dissatisfied with affirmative action hiring plans the right to mount legal challenges to them years after adoption, even if employees did not challenge the plans originally. Some say the plans are vulnerable to new legal challenges, while others say they are not. (MSE)
Descriptors: Affirmative Action, Court Litigation, Federal Courts, Higher Education
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