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Thompson, Garland L. – Black Issues in Higher Education, 1994
A federal court decision, Podberesky vs. Kirwin, in which a University of Maryland scholarship program targeting African American students was found to be racially discriminatory is a cause for concern because of heightened federal pressure to desegregate colleges and because of its possible implications for other state universities. (MSE)
Descriptors: Affirmative Action, Black Education, Black Students, Court Litigation
Jaschik, Scott – Chronicle of Higher Education, 1994
A federal appeals court ordered new trials on whether curriculum at Alabama's predominantly white colleges discriminates against blacks by lacking content on black thought and history, and whether much of the state land-grant program should be shifted from Auburn University to Alabama A&M, a historically black institution. (MSE)
Descriptors: Black Colleges, Black Culture, Black History, College Curriculum
Jaschik, Scott – Chronicle of Higher Education, 1995
A federal district judge ruled that state officials failed to demonstrate the need to close Mississippi Valley State University and merge Mississippi University for Women with Mississippi State University to meet desegregation requirements. He ordered Mississippi to provide additional funds to two other black colleges, and approved a state plan…
Descriptors: Admission Criteria, Black Colleges, College Administration, College Desegregation
Stafkovich, Jacqueline A. – West's Education Law Quarterly, 1995
In "Williams by Williams v. Ellington" the Sixth Circuit Court of Appeals upheld the strip search of a female student for drugs. Explains the standards for searching students in schools as set forth by the Supreme Court in the "New Jersey v. T.L.O." decision. Considers the application of legal standards in "Williams"…
Descriptors: Constitutional Law, Court Litigation, Drug Abuse, Elementary Secondary Education
Schimmel, David – West's Education Law Quarterly, 1995
In "Kiryas Joel," a sharply divided Supreme Court ruled that a New York law establishing a separate school district for a group of Orthodox Hasidic Jews was unconstitutional. Outlines the unusual facts in "Kiryas Joel" and summarizes Justice Souter's opinion of the Court, Justice Scalia's detailed dissent, and the four diverse…
Descriptors: Court Judges, Court Litigation, Court Role, Elementary Secondary Education
Jaschik, Scott – Chronicle of Higher Education, 1995
The Clinton administration has asked the Supreme Court to force Virginia Military Institute, currently all male, to admit women rather than have the state create a similar leadership program for women at another institution. The case parallels litigation in South Carolina involving the Citadel. (MSE)
Descriptors: College Administration, Constitutional Law, Court Litigation, Federal Courts

Strossen, Nadine – Academe, 1992
Issues and recent events concerning censorship of the arts in the United States are examined, and the threat to artistic freedom posed by recent Supreme Court decisions is examined. Focus is on erosion of the actual or imminent harm requirement of the law and on the court's class-based approach to free speech. (MSE)
Descriptors: Academic Freedom, Art, Censorship, Civil Liberties
Hawkins, B. Denise – Black Issues in Higher Education, 1992
Dr. Lloyd Hackley argues that first Brown v. Board of Education in 1954, then United States v. Fordice nearly 40 years later, robbed millions of African-American children and young adults of quality education. He charges that the focus of legislation has been to integrate school buildings not society. (Author/MSE)
Descriptors: Administrator Attitudes, Black Education, Civil Rights, College Presidents

Rebell, Michael A.; Murdaugh, Anne W. – Journal of Law and Education, 1992
Describes judicial attitudes toward the needs of linguistic minorities in the 1960s and 1970s and the shift during the last decade from mandating national standards to emphasizing local community discretion. Explores the implications for the national-value/community-value distinction for bilingual education and for current controversies concerning…
Descriptors: Bilingual Education, Community Attitudes, Court Litigation, Elementary Secondary Education

Sacken, Donal M. – Journal of Law and Education, 1994
In "Kinsey," a fired superintendent claimed a violation of free expression and association rights by his employing board of education. Examines similar cases and contends that public defiance or disloyalty by a principal or superintendent exceeds the tacit limits of intra-administrative disagreement. (108 footnotes) (MLF)
Descriptors: Administrators, Board Administrator Relationship, Court Litigation, Elementary Secondary Education
Zirkel, Perry A. – West's Education Law Quarterly, 1992
Addresses a Seventh Circuit ruling that treats parental hostility as a factor in determining the appropriateness of an individualized education program. Asks what are the alternative and appropriate means for counteracting undue parental hostility in cases under the Individuals with Disabilities Education Act and related laws. (60 references) (MLF)
Descriptors: Behavior Disorders, Court Litigation, Federal Courts, Hostility

Frost, Lynda – Journal of College and University Law, 1991
Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…
Descriptors: Academic Freedom, College Administration, College Faculty, Confidential Records
Cloud, Robert C. – West's Education Law Quarterly, 1993
The Supreme Court's denial of review in the case of "Kinsey v. Salado ISD" may serve to restrict future free speech and political association rights of top educational administrators. Advises top administrators to avoid public involvement in the election of their board members. (MLF)
Descriptors: Board Administrator Relationship, Community Colleges, Court Litigation, Elementary Secondary Education
Are Non-Church Controlled Educational Institutions Still Entitled to Title VII Religious Exemptions?
Mawdsley, Ralph D. – West's Education Law Quarterly, 1994
In "Kamehameha," the Ninth Circuit Court of Appeals found that the schools were covered by none of the exemptions permitting employment discrimination on religious grounds. The decision has the potential to cause difficulties for religious educational institutions that are not church controlled but desire to impose religious requirements…
Descriptors: Court Litigation, Elementary Secondary Education, Equal Opportunities (Jobs), Federal Courts
Mawdsley, Ralph D.; Russo, Charles J. – West's Education Law Quarterly, 1994
Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…
Descriptors: Board of Education Policy, Court Litigation, Court Role, Deaf Interpreting