It is widely believed that the judiciary can maintain the rule of law and guarantee fundamental rights only if it is independent from political and other pressures. Most countries have provisions in their constitutions guaranteeing an independent judiciary. Usually, this independence has two faces: institutional measures that separate the…

The Office of Inspector General (OIG) continues to focus its energies on some of the significant challenges facing the U.S. Department of Education. It completed implementation and end-to-end testing of its internal systems for Y2K compliance, though it could not ensure compliance of its trading partners. The OIG advised the Department as it…

MAARDAC (Mid-Atlantic/Appalachian Race Desegregation Assistance Center), located at the University of Tennessee (Knoxville), is federally funded (Title IV of Civil Rights Act of 1964) to help local education agencies in Kentucky, North Carolina, South Carolina, and Tennessee solve problems connected with school desegregation. (LC)

Examines the work of administrative agencies and courts in processing discrimination claims under Title VII (equal employment opportunity) of the Civil Rights Act of 1964, concluding that the common law rule of employer discretion has been superseded by the principle of just cause in personnel decisions. (MF)

In the United States Supreme Court ruling "City of Richmond v. J. A. Croson Co.," six separate opinions were issued by the Justices, indicating that the Court remains divided in the scope, rationale, and implication of its affirmative action decision. This commentary explains the Court's decision and provides some guidance to school…

Although certain constitutional rights do not apply to private institutions, striking similarities in employment problems exist between public and private colleges. Summarizes court litigation involving constitutional standards, established public policy, contractual problems, and financial exigency. Offers procedures for faculty dismissal that…

Describes recent cases of censorship in Florida, which involve books and magazines in school and public libraries, magazine sales, public showings of films, television programs, and art exhibits. It is suggested that the present censorship climate is the result of a rapid population growth that has led to fear of change and a desire for…

The 1985 United States Supreme Court decision in "Loudermill" established that public school employers may not dismiss employees who possess property rights in continued employment without due process of law. Examines the Supreme Court's decision, canvasses lower court decisions rendered since "Loudermill," and reviews the…

A national survey of 214 active and retired judges teaching in law schools revealed information about court jurisdiction, teaching experience, reasons for teaching, problems, and benefits that teaching and judging have for each other. Recommendations are offered to the American Bar Association and the Association of American Law Schools. (MSE)

Since a federal appeals court dropped a case 3 years ago, ruling that states, not the federal government, are responsible for ensuring equal educational opportunity, educators feel African-American education has lost ground. The case argued states sanctioned dual systems of education. States' elimination of some programs now threatens…

Argues in support of affirmative action in college and university admissions, noting the actual, relatively small effect of affirmative action on white admission and opportunity, and suggesting other possible reasons for the heated debate. Notes two related Supreme Court decisions made a century apart and reviews statistical studies in support of…

A federal judge has struck down the National Collegiate Athletic Association (NCAA) freshman-eligibility standards based on standardized college entrance test scores as racially discriminatory. The ruling means that the 577 Division I and II institutions can determine their own eligibility standards, but if the ruling is reversed, some students…

Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…

After the appellate court decision in Hopwood versus State of Texas, overturning racial preference in law school admissions, supporters of continued affirmative action policy in higher education are finding conservatives on the offensive and a chilly climate for broad access, but are not planning an aggressive counterattack for fear of negative…

Reviews a recent decision in "Littlefield" by the 5th Circuit upholding a school uniform policy. Advises board member who wish to adopt a school uniform policy to solicit input from parents and students, research the experiences of other school districts with uniform policies, and articulate the interests they wish to promote through uniform…