This paper uses the U.S. Supreme Court's decision in the case of "West Virginia Board of Education v. Barnette" to illustrate the impact of changes in Western Culture world views of reality on educational and legal philosophy. The report argues that Western culture has replaced vertical assumptions, with its conception of individuals who…

In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first…

In rulings between 1954 and 1971, the Supreme Court always emphasized that racially segregated schools were inherently unconstitutional, although it upheld a system of student assignments that was neutral toward race. But with the Swann v. Charlotte-Mecklenberg Board of Education decision of 1971, the court embarked on a new remedial course. A…

Explores three alternative paths to dealing with racism, and how human rights agencies can relate to each of these, viz., disruptions of institutions, creation of parallel institutions, and, working through established channels within institutions. (Author/JM)

The author of this speech discusses racial dualism in higher education in the American South. The states of Tennessee, Mississippi, and Louisiana have all had suits brought against them for maintaining separate and unequal institutions for blacks and whites. In all three states, the vast proportion of funds allocated for higher education have been…

The Community Relations Service (CRS) of the U.S. Department of Justice has been called on by judges in a number of school desegregation cases to assist the court in the development of citizen monitoring commissions. CRS has helped design monitoring mechanisms, provided training to the members of monitoring commissions, and supported these citizen…

Discusses the social and legal implications of the situation in which Detroit has been placed by the Supreme Court decision that lower federal courts could not involve white suburbs in the integration of urban schools, noting that the city is still required to make changes in its public schools in order to overcome racial discrimination. (JM)

States that studies by Cataldo, Munford, Bosco and Robin, Mercer, and Koponen strongly support a view that massive white flight is an avoidable phenomenon, whereas Colmena, who failed to report any of these studies in his April 1975 paper, represents white flight as an inevitable consequence of mandatory desegregation in the largest cities…

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

A review of cases involving higher education property matters shows that many are concerned with building construction, equipment installation, or repair contracts. A number of other cases involve routine conflicts between colleges or universities and other governmental entities over matters such as requests for special exceptions to zoning…

Higher education collective bargaining cases reviewed in this chapter follow the basic sequence of steps in the negotiation process, from issues of the rights of organization and negotiation through scope of bargaining, bargaining conduct, and union security to the ultimate problems of strikes and contract enforcement. Within this common outline,…

Researchers interviewed 83 social scientists, 70 attorneys, and 10 federal district judges to discover their views on the use of expert social science testimony in school desegregation litigation. Selected from 17 desegregation cases adjudicated in federal district courts since 1970, the interviewees were asked about their roles in the litigation;…

This chapter reports cases that involve some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. Most of the cases discussed deal with accusations that the school or an employee of the school…

The nine articles in this collection deal with theoretical and practical freedom of speech issues. Topics discussed include the following: (1) freedom of expression in Thailand and India; (2) metaphors and analogues in several landmark free speech cases; (3) Supreme Court Justice William O. Douglas's views of the First Amendment; (4) the San…

Through an analysis of the six federal book banning cases that have been adjudicated in the past decade since "Ginsberg v. New York" and "Tinker v. Des Moines Independent School District," this paper explores the difference in current First Amendment theory in the area of student access to books. A review of the six cases indicates that the…