Analyzes the history of the Freedom of Information Act business exemption, the reasoning in the federal appellate case "Critical Mass III," and the aftermath of the case in federal courts. Explores its implications for public relations practitioners who may be seeking information about other businesses or trying to maintain…

Both sides claimed victory when a deeply divided Supreme Court ruled in a case that had been expected to determine how college faculty's union fees should be allocated among national unions and local affiliates for activities related to or not related to collective bargaining. (MSE)

A Supreme Court ruling for a female high school student charging sex discrimination is seen by some as a positive step in Title IX compliance in college athletics, by others as encouraging litigation and emphasis on personal gain. It also gives protection to female staff and students outside athletics. (MSE)

In "Lehnert v. Ferris Faculty Association" the Supreme Court agreed that local unions can charge nonmembers for some parent-organization expenses not directly related to bargaining. Contends that the decision weakens the academic freedom for college and university faculty members who do not wish to voluntarily support union activity. (21…

Examines key legal tensions flowing from the return of organized student-sponsored prayer to public schools. Claims that political "conservatism" has subordinated individual liberty to the unwarranted power of the federal government. (19 references) (MLF)

In "Lambs Chapel," the Supreme Court struck down a complete prohibition against afterhours use of public schools by religious groups. Summarizes lower court decisions, and then the opinions of Justices White, Scalia, and Kennedy. Examines the Court's consensus about protecting religious perspectives under the Free Speech Clause and the…

Considers the First Circuit=s decision to extend the journalistic privilege to protect academic researchers who were subpoenaed in the Microsoft litigation. Gives an overview of traditional rules of evidence, discusses previous cases, and outlines the arguments researchers have made to fight subpoenas. Concludes that the research privilege should…

The Supreme Court's ruling in "Missouri versus Jenkins" signalled a further retrenchment in the struggle to end racial segregation in the schools. The majority held that the federal district court exceeded the bounds of its broad discretion in its mandated desegregation remedy. Reviews the Court's holding in detail and reflects on the…

Discusses Eighth Circuit Court's upholding of an Oklahoma nontenured second-grade teacher's claim of religious discrimination and violation of First Amendment right of expression when school board declined to renew her contract on recommendation of a principal concerned with parent objections to New Age thinking in a letter sent home attached to a…

This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

This statement by Alfred C. Sikes, Assistant Secretary for Communications and Information, National Telecommunications and Information Administration (NTIA), Department of Commerce, discusses the NTIA's role in insuring information access for American business, and its role in developing public information policy, especially in light of the Bell…

"Affirmative action" is the term typically used to refer to two contrasting values: the value of equal opportunity and the value of equal results. The Justice Department under the Reagan Administration, however, draws a clear distinction between the two, and is committed to the "original" meaning of affirmative action. That is,…

The Reagan Administration's allegiance lies with the advocates of individual rights, not the protectors of group entitlements. This stand is based on the belief that defense of individual rights is the only appropriate basis for achieving a consensus on civil rights in a pluralistic society. Group preferences, which have been imposed by the…

Overviews Rule 23 (Federal Rules of Civil Procedure) governing class actions in the federal courts and analyzes the issues raised in class determinations for employment discrimination suits under Title VII (Civil Rights Act 1964). Discusses damage claim immunity for public institutions and limitations on evidence offered to prove discrimination.…

Court decisions resulting from litigation regarding higher education governance and finance are discussed in this chapter. Governing body authority and intergovernmental relations are the subjects of a number of cases. Three cases involve questions of licensing of private institutions of higher education by state agencies. Other cases illustrate…