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Bill of Rights Newsletter, 1973
Current issues involving freedom of the press are discussed in terms of the press's relationship with the executive and judiciary branches of the government. (KM)
Descriptors: Censorship, Civil Liberties, Current Events, Federal Courts
Lynch, Robert N. – Momentum, 1973
Discussed the influence that Supreme Court decisions had on various religions and proposed what could be done to change those decisions. (RK)
Descriptors: Catholics, Court Litigation, Federal Courts, Parochial Schools
Smith, Michael – Civil Rights Dig, 1970
Describes recent Congressional attempts to rectify long denied federal Constitutional protections of personal freedoms to American Indians in the tribal setting. Denial had earlier resulted in confused Congressional response as well as divisive reactions in American Indian communities. (DM)
Descriptors: American Indians, Civil Rights, Court Litigation, Culture Conflict
Peer reviewed Peer reviewed
Padgett, George E. – Journalism Quarterly, 1982
Analyzes Judge Potter Stewart's voting record on First Amendment cases and concludes that he is one of the strongest supporters of the First Amendment on the Supreme Court. (FL)
Descriptors: Content Analysis, Court Doctrine, Court Judges, Court Litigation
Zirkel, Perry A.; Gluckman, Ivan B. – Principal, 1982
In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Religion
Peer reviewed Peer reviewed
Toscano, Paul James – Brigham Young University Law Review, 1979
Argues that the Supreme Court has two definitions of religion and that secularism qualifies under one of them, that public schools foster secularism, and that separation of church and state should be replaced by court approval of "religious balance." Available from J. Reuben Clark Law School, Provo, UT 84602. (Author/IRT)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1980
This case is significant because it goes further than any other earlier decision in describing the outlines of the substantive due process concept as it applies to school discipline. (Author)
Descriptors: Constitutional Law, Corporal Punishment, Court Litigation, Due Process
Peer reviewed Peer reviewed
Michigan Law Review, 1980
Proposes that the courts order school authorities to cut programs as necessary to fund desegregation rather than order a tax that has been prohibited in the state or locale. Available from Michigan Law Review, Hutchins Hall, Ann Arbor, MI 48109. (Author/IRT)
Descriptors: Court Role, Desegregation Methods, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1980
In "Clark v Whiting," a federal appeals court affirmed the district court's dismissal of a biology teacher's suit contending that he was denied due process and equal protection in being refused promotion to full professor. (IRT)
Descriptors: College Faculty, Court Litigation, Due Process, Equal Protection
Peer reviewed Peer reviewed
MacKenzie, Charles S. – Journal of General Education, 1980
Argues that increased federal regulation in the name of accountability will diminish the quality and innovative capacity of higher education. Examines pending litigation that would automatically subject a college to federal regulation if its students accept federal aid and thus become "conduits" of federal assistance to the institution.…
Descriptors: Court Litigation, Federal Aid, Federal Courts, Federal Regulation
Peer reviewed Peer reviewed
Siegel, Paul – Quarterly Journal of Speech, 1981
Examines the interpretation and application of the Supreme Court's decision in "Brandenburg vs. Ohio" which prohibits states from limiting political speech unless it is directed at inciting imminent lawless action. Presents four patterns in interpretation characterized by immediacy, speaker's intention, advocacy of nonviolent victimless…
Descriptors: Activism, Court Litigation, Dissent, Federal Courts
Peer reviewed Peer reviewed
Maier, Barbara; Weyandt, Gregory M. – Marquette Law Review, 1976
Seventh Circuit cases are examined that have considered the question of whether "state action" is present as stated in section 1983 of the Civil Rights Act of 1871. Standards used by the Seventh Circuit to determine the existence of "state action" are also analyzed. (LBH)
Descriptors: Civil Rights Legislation, Constitutional Law, Court Litigation, Federal Courts
Mowe, Gregory R. – Oregon Law Review, 1976
Implied remedies, recognized in a wide variety of statutory contexts, play a proper role in state court and federal agency forums; but preemption and agency discretion doctrines limit federal review of denials of implied remedies. Chronic failure of such forums to recognize the federal statutory right may be a proper factor supporting direct…
Descriptors: Court Doctrine, Court Litigation, Criminal Law, Ethics
Zirkel, Perry A. – American School Board Journal, 1997
From the 1940s to the 1970s, the numbers and outcomes of court decisions escalated dramatically in favor of students, employees, and other individuals suing school districts. Today, the overall trend of education litigation favors school officials. The single exception is the category for special education. Since passage of the original special…
Descriptors: Conservatism, Court Litigation, Disabilities, Elementary Secondary Education
Ford, Deborah L.; Strope, John L., Jr. – West's Education Law Quarterly, 1996
The "Horowitz" and "Ewing" decisions defined the rights to due process in academic matters on the public postsecondary campus. This study bring the law forward since the 1978 and 1985 Supreme Court decisions by identifying and analyzing 59 cases. (142 footnotes) (MLF)
Descriptors: Academic Standards, College Students, Court Litigation, Due Process
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