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Williamson, Jane – Wilson Library Bulletin, 1982
Provides overview of laws, policies, and regulations available to women to secure their job rights when faced with sex discrimination. Equal pay, sexual harassment, pregnancy discrimination, and affirmative action are discussed, noting procedures involved in filing a complaint. (EJS)
Descriptors: Affirmative Action, Court Litigation, Employed Women, Federal Courts
Peer reviewed Peer reviewed
Linett, Howard B. – Journal of Law and Education, 1982
In Markham v. Geller, a policy of attempting to hire less experienced teachers was held in violation of the Age Discrimination in Employment Act (ADEA). This article examines the case's significance for the interpretation of the ADEA and the case's impact on the question of business justification. (Author/MLF)
Descriptors: Age Discrimination, Cost Effectiveness, Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
Lane, Thomas H. – Journal of Law and Education, 1981
Discusses a U.S. Supreme Court decision involving public employers'"mixed motives" in discharging employees for constitutionally protected and unprotected reasons. Describes the Court's test to distinguish which reason was the dominant factor. (RW)
Descriptors: Court Litigation, Dismissal (Personnel), Elementary Secondary Education, Employer Employee Relationship
Peer reviewed Peer reviewed
Marcus, Laurence R. – Peabody Journal of Education, 1981
For more than 40 years, federal courts have attempted to end segregation at the college level. A landmark case, Adams v. Califano (1977), deals with racially dual systems of higher education. Benefits of the case's ruling include: (1) an improvement in educational opportunities available to Black students; and (2) that desegregation should occur…
Descriptors: Black Colleges, Black Students, College Desegregation, Court Litigation
Peer reviewed Peer reviewed
Sax, Spencer M. – Vanderbilt Journal of Transnational Law, 1979
The "Plyler" decision (that a state statute denying free public education to illegal aliens violates the equal protection clause) reached two unprecedented findings but also provides strong justification for strict judicial scrutiny of similar statutes. Available from Vanderbilt University School of Law, 21st Avenue South, Nashville, TN…
Descriptors: Access to Education, Court Litigation, Elementary Secondary Education, Equal Protection
Hansen, J. Mark – Tennessee Law Review, 1979
Rather than allowing the unconstitutional Bible study program to remain in the schools in a modified form, the Court should have opted for a released-time arrangement. Available from Tennessee Law Review Association, Inc., 1505 W. Cumberland Ave., Knoxville, TN 37916. (Author/IRT)
Descriptors: Biblical Literature, Civil Liberties, Constitutional Law, Court Litigation
Peer reviewed Peer reviewed
Preovolos, Penelope A. – Santa Clara Law Review, 1980
Using cases concerning access to rights, argues that the state owes an affirmative obligation to provide an adequate level of education and that this obligation is consistent with the federalism concerns expressed in "Rodriguez." Available from School of Law, University of Santa Clara, Santa Clara, CA 95053. (IRT)
Descriptors: Access to Education, Civil Rights, Constitutional Law, Court Litigation
Peer reviewed Peer reviewed
Edwards, Harry T. – Creighton Law Review, 1980
The Court's strong endorsement, albeit in a limited factual setting, of voluntary remedial preferences should give some aid to those seeking equal opportunity in employment. Available from School of Law, Creighton University, 2200 California St., Omaha, NE 68178. (Author/IRT)
Descriptors: Affirmative Action, Blacks, Civil Rights, Court Litigation
Peer reviewed Peer reviewed
Patrick, Michael W. – North Carolina Law Review, 1976
Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…
Descriptors: Clubs, Constitutional Law, Court Litigation, Federal Courts
Peer reviewed Peer reviewed
Tillery, Stephen M. – Saint Louis University Law Journal, 1976
It is suggested that back pay should accrue until the victimized employee reaches the rightful employment position and that courts should abandon confusing terminology like "back" or "front" pay in favor of a "make whole order" or another phrase more descriptive of the nature rather than the time of the award. For…
Descriptors: Court Litigation, Employment Practices, Equal Opportunities (Jobs), Federal Courts
Peer reviewed Peer reviewed
O'Neill, Catherine A. – Journal of College and University Law, 1997
Examines Supreme Court decisions in two cases (Mississippi University for Women v. Hogan, United States v. Virginia), addressing the constitutionality of single-sex public colleges. Describes a tool for evaluating equality (the "capability approach") that fills out and lends clarity to underdeveloped aspects of the Court's inquiry. The…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Higher Education
McCarthy, Martha M. – West's Education Law Quarterly, 1996
The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Nacoste, Rupert W. – Journal of Social Issues, 1996
Explores U.S. Supreme Court rationale in judging the constitutionality of affirmative action cases and why the theory used in its decisions is at odds with the formal theory and research on social psychology of affirmative action procedures. The scientific work indicates procedural conditions that the Court would find social psychologically…
Descriptors: Affirmative Action, Civil Rights Legislation, Constitutional Law, Court Litigation
Peer reviewed Peer reviewed
McCarthy, Martha M. – Journal of Law and Education, 1990
Addresses allegations that public schools are unconstitutionally promoting secular humanism. Presents perspectives defining secular humanism and explores whether secular humanism is considered a religion under the establishment clause. Deals with charges by conservative parent groups. (164 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
James, Bernard – School Safety, 1991
In "Bethel," the Supreme Court essentially extended the reach of the ordinary discipline code to serve objectives that are part of the perceived educational mission. Citizenship of students is as important to the education process as academic concerns, according to recent decisions. (seven references) (MLF)
Descriptors: Citizenship, Court Litigation, Discipline, Discipline Policy
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