In "Clark v. Arizona Interscholastic Association (Clark II)," the Ninth Circuit Court of Appeals reaffirmed that an association rule precluding boys from playing on girls' volleyball teams does not deny the boys equal protection even though it effectively eliminates boys from interscholastic competition in high schools without separate…

Examines the Supreme Court's action in a racial discrimination case "Patterson v. McLean Credit Union"; the reexamining of "Runyon v. McCrary"; and the current interpretation by the Court of a major Reconstruction-era civil rights law. Perceives a distinct shift in the Court toward conservative interpretations of civil rights…

Discusses current bankruptcy law relating to the student loan debtor and outlines permissible activities of a university with respect to such a debtor during and after the bankruptcy proceeding. Advises universities to develop a set of guidelines and procedures for dealing with student loan debtors who file for bankruptcy relief. (MLF)

Unlike private parties, school districts have legal restraints on their ability to settle disputes in secret. Open records laws, state reporting statutes, judicial interpretations of public policy, and the First Amendment to the U.S. Constitution may all restrict a school district's ability to enter into valid settlement agreements containing…

Discusses two cases that illustrate the reasoning used by courts to uphold attorneys' fees to parents who prevail in Education of the Handicapped Act (EHA) administrative proceedings. (MLF)

Examination of four recent special education court cases suggests that the courts favored the simple lines of reasoning over the complex. (MLF)

Because of the lack of a definitive United States Supreme Court decision on prayers at graduation, school officials are left without clear direction. Analyzes two decisions that illustrate the differences in judicial opinion on the legality of prayers at graduation ceremonies. (MLF)

To determine the frequency of reported litigation in higher education, a WESTLAW search of the institutional, employees, and student categories under the topic "Colleges and Universities" was conducted. The institutional cases declined notably in the 1980s while the employee and student cases increased slightly. (MLF)

Explores procedural and legal implications of the "Salve" decision in which the Supreme Court said that the court of appeals must review "de novo" the federal district court's determination of state law. (55 references) (MLF)

Court rulings from Arizona to New York have indicated that pledge of allegiance ceremonies may be included in a public school's curriculum as part of a local or state goal to instill patriotism and citizenship lessons. Students and teachers cannot be forced to participate if participation violates their personal religious or philosophical…

U.S. Solicitor General Kenneth W. Starr has asked the Supreme Court to abandon the Establishment Clause it formulated in "Lemon v. Kurtzman" (1971) for cases involving governmental accommodation of religion in civic life. Starr's "amicus curiae" in "Lee v. Weisman" questions the clause's persistent tendency to…

Public officials are required to prove actual malice before they can win damages in libel actions. Reviews the Supreme Court's decisions regarding public persons and teachers and lower courts' conflicting rulings that teachers are public officials and that teachers are not public officials. (MLF)

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…

An annotated outline of reported court decisions on special education issues are grouped in the following operational sequence: (1) diagnosis and placement; (2) treatment issues; (3) financial issues; and (4) gifted students. (MLF)