Court litigation concerning governance and finance in higher education demonstrates lawyers' attempts to extend the legal principles established in one educational system to different systems. Intergovernmental relations cases involve educational institutions' connections with counties, cities, states, and various public agencies. Because of an…

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

If the United States Supreme Court is to exercise its historic role as guardian of the fundamental freedoms flowing from the speech and press clauses of the first amendment, it is imperative that those basic freedoms be placed in a preferred position. The preferred position doctrine provides adequate safeguards for both speech and press guarantees…

In order to test the opinion held by judicial and rhetorical scholars that distinct differences exist in rhetoric between majority and nonmajority Supreme Court decisions, an examination was made of 301 of Justice William O. Douglas' Supreme Court decisions. A hybrid methodology based on genre criticism and content analysis was used to examine the…

This publication provides a State by State listing of court cases dealing with school desegregation. Each entry is listed alphabetically by State and includes a brief statement concerning the case and/or its status. (EB)

A recent court decision banned locally-owned newspaper/broadcasting combinations, or cross-ownership, and ordered divestiture to protect the public interest according to the First Amendment. However, these rulings promoting cross-ownership divestiture merit questioning for several reasons. First, evidence reveals that locally-owned television…

The purpose of this paper is to examine the current status of freedom of the press with regard to past and present judicial rulings. A section devoted to "The Background of Prior Restraint" examines the historical basis for current legal decisions. In "Threatening Progeny," court decisions unfriendly to the press such as the…

The Washington Report summarizes and classifies published documents of special interest to Indian people. It currently identifies, analyzes and tracks legislation, administrative agencies' regulations and supreme court decisions relating to Indian affairs. (Author/RTS)

In "Hazelwood School District v. Kuhlmeier," the Supreme Court ruled that school authorities could control a student newspaper. This article summarizes the facts surrounding "Hazelwood," and outlines the lower court decisions, the conflicting views of the Court justices, the questions it leaves unresolved, and its implications…

The Supreme Court has ruled that statistical evidence about the effects of an employer's policies can be used to prove discrimination in situations where a variety of imprecise criteria are used. The decision is applicable to faculty salary and tenure disputes. (MSE)

Explores the extent to which the Supreme Court's application of the First Amendment's prohibition against establishment of religion is forcing federal and state governments to forgo distributive justice for needy children. Examines possibilities for greater distributive justice. (MLF)

The United States Supreme Court decision in "Honig v. Doe" precludes school officials from unilaterally excluding special needs children who become disruptive. School officials may use disciplinary procedures applicable to all students or seek judicial relief to obtain alternative placements for handicapped children. (MLF)

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

This article reviews the development and current status of a proposed "science court" for resolving disputed scientific/technical issues on their scientific merits. The article concludes by listing the questions and problems remaining to be resolved if a science court is to become a reality. (SL)

In any discussion over what reform measures can best close the achievement gap between white and minority children, one cannot ignore what the courts have had to say about the issue. Advocates have historically used the court system to require elected branches of government to increase education spending and resources, even when the political will…