In most cases, individuals filing for bankruptcy to discharge student loans are those who encountered difficult life circumstances, not middle-class college graduates who refused to pay for their education. Many courts have interpreted the Bankruptcy Code's "undue hardship" provisions too harshly and without compassion. (70 footnotes)…

Two hearing boards' finding that a tenured professor's instructional remarks and actions constituted sexual harassment resulted in the filing of a federal lawsuit against the university. Discusses sexual harassment, reviews the most pertinent facts of "Silva," and analyzes the judge's preliminary injunction and summary judgment ruling on…

Reviews recent state and federal rural school funding litigation. Concludes that while rural school advocates have been relatively successful in the courts, efforts to obtain adequate state funding for rural schools through the legislative process are only partially successful. (Contains 16 references.)(PKP)

Address the need to remedy the disparity in academic achievement of black and white students and examines why this disparity continues to exist in spite of the desegregation decrees issued under "Brown." Reviews how a court decides whether a school district has complied with a desegregation decree. Explains why schools are being released…

Discusses first case to challenge an employer's failure to provide contraceptive coverage to women working in private educational institutions as discriminatory, as well as proposed legislation involving contraceptive coverage. Explores several alternatives legislators must consider when deciding whether to implement such legislation, including…

Examines recent lower court rulings on students' First Amendment rights. The current disputes center on (1) requiring the flag salute; (2) banning symbols; (3) removing books from the curriculum; and (4) preventing the distribution of publications. Projects the Supreme Court's position should the issue again reach that level. (MLF)

The United States Supreme Court, in an employment practices case, apparently moved away from protecting the individual's rights against discrimination. However, the case focused on the theory of disparate impact, not disparate treatment, and hardly signals the end of civil rights. Suggests a review of school district employment practices and…

Surveys the debate over how the United States Constitution is to be regarded for purposes of judicial interpretation in federal court cases. Focuses on the views of U.S. Attorney General Edwin Meese, Ronald Dworkin, and Chief Justice William Rehnquist. Discusses the underlying values of original intent and its opposite, judicial activism.…

In "Harris" the Supreme Court ruled that Title VII is violated when the workplace environment "would reasonably be perceived and is perceived as hostile or abusive." Schools and colleges, by developing appropriate policies, procedures, and educational programs, can substantially increase understanding about the legal aspects of…

The Supreme Court ruled, in "R.A.V. v. City of St. Paul Minnesota," that the city's Biased-Motivated Crime Ordinance is unconstitutional. Discusses the factual background of "R.A.V.," of "Doe v. University of Michigan," and leading cases in the area of student first amendment rights. Draws conclusions and assesses…

Some scholars warn that a federal court ruling on copyright infringement may increase costs and delay production of anthologies of readings for college students. Others say the ruling provides needed safeguards against the pirating of intellectual property. Increased care in obtaining reproduction permission is anticipated. (MSE)

Provides a brief history of the Supreme Court's pivotal decisions on public school desegregation. Reviews the Court's decisions in "Board of Education v. Dowell" and "Freeman v. Pitts." Provides an analysis of "Freeman" and its effect on public school desegregation law. (68 footnotes) (MLF)

Discusses a recent Fourth Circuit Court of Appeals decision that when individuals are allowed to try out for or join a team participating in a contact sport and operated for members of the other sex, then discrimination against because of their sex is prohibited by Title IX. (22 footnotes) (MLF)

In a case involving an injured football player, an 11th Circuit judge viewed a coach's refusal to stop a fight as corporal punishment. Federal courts in five circuits have ruled that excessive corporal punishment violates the Due Process Clause if it is so brutal and harmful that it shocks the court's conscience. (MLH)