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Bishop, David W. – Journal of Negro Education, 1983
Attacks the Consent Decree (which formally ended the dispute between the Office for Civil Rights and the University of North Carolina, over hiring at the University) as paternalistic and racist. Describes the Decree as resorting to omissions when it is advantageous to Whites and to generalities when it is advantageous to Blacks. (CMG)
Descriptors: Black Colleges, College Administration, College Segregation, Decision Making
Sendor, Benjamin – American School Board Journal, 1983
Discusses the Fifth U.S. Circuit Court of Appeals' rewriting of its earlier decision in "Horton v. Goose Creek Independent School District" of Baytown (Texas), involving the use of dogs in school drug and liquor searches. Compares the decision with other circuits' conflicting rulings and suggests guidelines for using dogs. (RW)
Descriptors: Alcoholic Beverages, Civil Rights, Court Litigation, Due Process
Hudgins, H. C., Jr.; Vacca, Richard S. – NOLPE School Law Journal, 1982
Reviews three recent Supreme Court decisions involving government officials' immunity under Section 1983 of the U.S. Code (Civil Rights Act of 1871). Discusses how the decisions apply to school boards and officials and to teachers' and students' civil rights. (Author/RW)
Descriptors: Administrators, Boards of Education, City Officials, Civil Liberties
Caley, Steven P. – Connecticut Law Review, 1979
Outlines the Court's reasoning in "Norwick," in which it held that aliens can be excluded from teaching positions, and suggests a model for "governmental function exception" of aliens. Available from University of Connecticut School of Law, 1800 Asylum Avenue, West Hartford, CT 06117. (Author/IRT)
Descriptors: Citizenship, Court Litigation, Due Process, Elementary Secondary Education
Peer reviewed Peer reviewed
Vessels, Rodney Jay – Brigham Young University Law Review, 1978
In the case of Gabrilowitz v Newman the court used the due process balancing test to conclude that a student has a right to have counsel present at a university disciplinary hearing where the conduct in question is the object of a pending criminal proceeding. Available from J. Reuben Clark Law School, Brigham Young U., Provo, UT 84602. (MSE)
Descriptors: College Students, Constitutional Law, Court Litigation, Criminal Law
Peer reviewed Peer reviewed
Saunders, G. Stephen – University of California, Davis Law Review, 1978
Reviewed are the position of the Internal Revenue Service on racial discrimination and federal income tax exemptions for private educational organizations and possible impacts of the Bakke decision on the issue. (Journal availability: School of Law, Martin Luther King, Jr. Hall, University of California, Davis, CA 95616.) (MSE)
Descriptors: Affirmative Action, Court Litigation, Desegregation Plans, Federal Courts
Peer reviewed Peer reviewed
Pinkney, H. B. – Clearing House, 1980
Two years after the implementation of Florida's Educational Accountability Act, which mandates statewide competency testing in reading, writing, and arithmetic, the author cites the advantages of the program, refutes criticisms of it and reviews the challenge to it in Federal District court, the Debra P. V. Turlington case. (SJL)
Descriptors: Basic Skills, Black Students, Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
Johnston, John D., Jr. – UCLA Law Review, 1975
During the first four months of 1975, the Supreme Court decided four new sex discrimination cases. Each decision is considered in light of six earlier rulings in order to identify and perhaps clarify some unsettled areas and to evaluate the progress made by the justices in resolving the constitutional issues of gender discrimination. (LBH)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Equal Opportunities (Jobs)
Peer reviewed Peer reviewed
Malpass, Susan C. – North Carolina Law Review, 1976
In Bellamy v. Masons's Stores, Inc., the Fourth Circuit of Appeals held that section 1985 (3) of the Ku Klux Klan Act displayed a congressional intent that state action be required for an action based on a conspiracy to deprive first amendment rights. The decision is examined in regard to Griffin v. Breckenridge. For journal availability see HE…
Descriptors: Civil Liberties, Civil Rights Legislation, Constitutional Law, Court Litigation
Dowling-Sendor, Benjamin – American School Board Journal, 1997
A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Federal Courts
DeLacy, Dan R. – American School Board Journal, 1997
Describes the revised Supreme Court guidelines under which formerly desegregated schools may achieve "unitary standards." Compares the pros and cons involved in applying for unitary status and in applying for a revised desegregation plan under the 1971 Office for Civil Rights desegregation plan. (LMI)
Descriptors: Civil Rights, Court Litigation, Desegregation Effects, Desegregation Plans
Cloud, Robert C. – West's Education Law Quarterly, 1996
Executive administrators are vulnerable to the malice and defamatory attacks of critics on and off their campuses. Documents the impact of the actual malice standard on public higher education administrators since the United States Supreme Court's 1964 decision in "New York Times Co. v. Sullivan." Reviews "New York Times" and…
Descriptors: Administrators, College Administration, Court Litigation, Federal Courts
Magner, Denise K. – Chronicle of Higher Education, 1996
A federal appeals court decision ruled in favor of three publishers who had sued the owner of a small copy-shop business for copyright infringement in producing custom-made anthologies for college courses. However, a divided court could not determine willful violation of the law, vacating damages awarded in lower court. Debate over fair use…
Descriptors: Compliance (Legal), Copyrights, Court Litigation, Fair Use (Copyrights)
Leatherman, Courtney – Chronicle of Higher Education, 1997
The U.S. Supreme Court has refused to hear a case that might guide colleges in resolving conflict between campus policies on sexual harassment and free-speech rights. The case involved San Bernardino College (California) and a tenured professor whose explicit classroom discussions college officials felt constituted sexual harassment. An appeals…
Descriptors: Administrative Policy, Classroom Communication, College Administration, Court Litigation
Sendor, Benjamin – American School Board Journal, 1997
In "Boring v Buncombe County Board of Education," a high school teacher sued a school board over her transfer to a middle school. At issue is a board's power to control the curriculum and a teacher's right to academic freedom, specifically selecting a controversial play for four students in advanced acting class. (MLF)
Descriptors: Academic Freedom, Boards of Education, Court Litigation, Federal Courts
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