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Congress of the U.S., Washington, DC. House Committee on Education and Labor. – 1984
The hearings recorded here were convened in order to examine legislation proposed in response to the Supreme Court's decision in Grove City College v. Bell, which was considered to narrow significantly the scope of coverage of Title IX of the 1972 Education Amendments, Title VI of the 1964 Civil Rights Act, Section 504 of the 1973 Rehabilitation…
Descriptors: Affirmative Action, Age Discrimination, Civil Rights, Civil Rights Legislation
Peer reviewed Peer reviewed
Friedman, Joel William – Cornell Law Review, 1979
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…
Descriptors: Civil Liberties, Civil Rights, Civil Rights Legislation, Constitutional Law
Peer reviewed Peer reviewed
Keith, Damon J. – Harvard Civil Rights - Civil Liberties Law Review, 1984
Reviews the history of court cases involving desegregation of public facilities, housing, quality education, and employment since 1964. Argues that although advances have barely outnumbered setbacks, the progress that has been made cannot be eroded. Evaluation of progress is based on goals put forward by Martin Luther King's "March on Washington"…
Descriptors: Blacks, Civil Rights, Civil Rights Legislation, Elementary Secondary Education
Peer reviewed Peer reviewed
Pappas, Louis C. – Arkansas Law Review, 1980
"Monell" has made clear that local governmental bodies are "persons" under Section 1983 and are no longer absolutely immune to Section 1983 civil rights suits. It is not clear if such bodies have qualified immunity. Available from School of Law, University of Arkansas, Fayetteville, AR 72701. (Author/IRT)
Descriptors: City Government, Civil Rights, Court Litigation, Legal Responsibility
Peer reviewed Peer reviewed
Katsiyannis, Antonis; Yell, Mitchell L. – Preventing School Failure, 2002
This article first reviews the primary requirements of the Americans with Disabilities Act (ADA), then examines four recent U.S. Supreme Court cases that helped clarify who is entitled to its protection. The cases are Murphy vs. United Parcel Services, Inc.; Albertsons, Inc. vs. Kirkingburg (1999); Olmstead, Georgia Department of Human Resources…
Descriptors: Civil Rights Legislation, Compliance (Legal), Court Litigation, Disabilities
Flygare, Thomas J. – Phi Delta Kappan, 1982
Considers the issues in Board of Education v. Pico, a case involving a school board's order removing several books from a school library. Notes that the U.S. Supreme Court's review of the case failed to clarify whether school board authority or constitutionally protected rights should prevail in such cases. (PGD)
Descriptors: Boards of Education, Censorship, Civil Rights, Court Litigation
Hollander, Patricia A. – 1980
Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…
Descriptors: Civil Rights, Court Litigation, Due Process, Legal Responsibility
Zakariya, Sally Banks – Executive Educator, 1985
The concept of comparable worth bases its legal claims in the Equal Pay Act of 1963, the Civil Rights Act of 1964, and a 1981 decision of the United States Supreme Court. Still, assertions that comparable worth should be invoked to correct wage discrimination have usually been rejected in federal courts. (PGD)
Descriptors: Civil Rights, Court Litigation, Federal Courts, Salary Wage Differentials
Blumstein, James F. – New Perspectives, 1984
The nondiscrimination principle is process-oriented, and proof of its violation must focus on the process and criteria of decision making--i.e., intent either to discriminate or to disadvantage based on race. Civil rights laws should allow defendants to show good faith as a claim against illegal discrimination. (KH)
Descriptors: Affirmative Action, Civil Rights Legislation, Compliance (Legal), Court Litigation
Sendor, Benjamin – American School Board Journal, 1985
A federal district court judge in Iowa ruled that an education service agency unreasonably denied equal employment opportunity to a handicapped applicant for a teaching position. The agency based its decision on the candidate's inability to meet physical requirements for job functions that the court held nonessential. (PGD)
Descriptors: Civil Rights, Court Litigation, Disabilities, Equal Opportunities (Jobs)
Flygare, Thomas J. – Phi Delta Kappan, 1983
A series of legal actions brought by Elmo Tatum charging the University of Nebraska with discriminatory policies is reviewed. The United States Supreme Court awarded the university damages because of the "frivolous" nature of Tatum's appeal, and the essay concludes that this may inaugurate a campaign against the flood of litigation. (MJL)
Descriptors: Civil Rights, Court Litigation, Federal Courts, Higher Education
Peer reviewed Peer reviewed
Scott, Donald G. – Missouri Law Review, 1979
Argues that the Supreme Court's dicta against the imposition of "respondeat superior" liability on municipal corporations for the constitutional torts of their employees under Section 1983 is not justified by the language or legislative history of the statute. Available from School of Law, University of Missouri-Columbia, Columbia, MO…
Descriptors: Civil Liberties, Civil Rights, Federal Legislation, Legal Responsibility
Peer reviewed Peer reviewed
Henn, Edward M.; Pell, Sarah W. J. – West's Education Law Reporter, 1990
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…
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Employment Practices
Cottam, Keith M. – Library Journal, 1987
This brief history of equal employment opportunity cases from the Civil Rights Act of 1964 to 1986 Supreme Court cases summarizes the viewpoints of those who don't support it. Librarians are urged to accept the premise that equal employment opportunity is the law and that compliance is in everyone's best interests. (EM)
Descriptors: Affirmative Action, Civil Rights Legislation, Employment Practices, Equal Opportunities (Jobs)
Peer reviewed Peer reviewed
Bhirdo, Kelly W.; And Others – Journal of College and University Law, 1989
As a penalty for violations, the NCAA cancelled SMU's football program for 1987 and limited the 1988 season. An alumnus filed a class action alleging antitrust violations of price-fixing and group boycott. Issues of antitrust standing, violation and state action, and the court's handling of these issues are discussed. (Author/MLW)
Descriptors: Civil Rights, College Athletics, Court Litigation, Football
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