The authors critique legal arguments which have been used by attorneys, especially Merle S. McClung of the Center for Law and Education, in opposing minimum competency testing programs in the schools. The arguments mainly concern the 14th Amendment, racial discrimination, and the denial of due process. (SJL)

Examines current language policy in Canada, particularly regarding Quebec, and discusses possible future developments. (AM)

North Dakota established the State Board of Higher Education, a constitutional body, in order to remove higher education from the political sphere, but there is little judicial clarification of the degree of autonomy. Judicial decisions in nearby states indicate institutions may not be interfered with by a state legislature. (MLW)

The relationship between the history of racism and the denial of equal participation for Blacks today is discussed. The implications of the Bakke decision for the constitutionality of race-conscious admissions criteria are examined. It is shown that the government is constitutionally both permitted and required to take affirmative action. (MC)

Race-conscious employment programs are considered in two contexts: governmental measures designed to remedy governmentally identified past discrimination or underrepresentation of minority employees; and voluntary implementation of remedial, race-conscious measures by private employers. (Author/MC)

The unprincipled and contrived reasoning running through these opinions manifests an intentional effort by the Court to impede litigants' ability to secure their rights to equal employment opportunity by raising the requirements of the prima facie case. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123; sc…

Current public sector anti-discrimination remedies are outlined, followed by discussion of the importance of the class action in Title VII cases and three judicial approaches used: the substantial evidence test; independent review; and the trial de novo. It is concluded that courts should adopt a standard that permits a trial de novo. (LBH)

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)

DeFunis v. Odegaard involved an unsuccessful challenge by a white law school applicant to a program for the "preferential" admission of members of certain minority groups. This article suggests that such programs are not only constitutionally permissible but mandated when there has been a failure to promote racial integration. (LBH)

The rights and prohibitions embodied in FERPA are examined, including the scope of the act's coverage in conjunction with a discussion of relevant state law and the proposed rules promulgated by HEW. The four rights granted by the act are considered in detail along with the enforcement procedures. (LBH)

The likely consequences of applying traditional due process standards, expecially formal adversary hearings, to the public school are examined. The ruling in Goss v. Lopez suggests that fair treatment can still be expected if the hearings are treated as opportunities for candid and informal exchange rather than prepunishment ceremonies. (LBH)

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…

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…

Focuses on the U.S. Bill of Rights Fourth Amendment discussing what it means related to current technological advances, such as automobiles and computers. Provides information on court cases relevant to the Fourth Amendment, such as Atwater v. City of Lago Vista and City of Indianapolis v. Edmond. Lists ideas for learning activities. (CMK)

Presents the pro and con viewpoints about the school voucher system in: "A Case for Including Religiously Affiliated Schools in Publicly Funded Voucher Systems" (Teresa Stanton Collett) and "The Inclusion of Religious Schools in Public Voucher Systems is Unconstitutional" (Caren Dubnoff). (CMK)