Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

This study examines the United States Supreme Court's use of social science research in Fourteenth Amendment race-based discrimination cases in professional and graduate school admissions. It discusses how the Court uses (or does not use) social science research in its interpretation of "equal protection" and "discrimination"…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

This dissertation explores the controversial issues surrounding affirmative action in higher education. Are anti-affirmative action ballot initiatives in violation of the Equal Protection Clause of the Fourteenth Amendment by restructuring the political process of minorities in such a way that places special burden on their ability to secure…

This article represents background material that can be used e along with the "United States v. Windsor" case to teach Constitutional Law (particularly federalism, due process, and equal protection) and the legal debate surrounding same-sex marriage in America. Professors may assign it as background reading before or after a…

The purpose of this article is to persuade legal studies teachers of the benefits of using works from other disciplines to illustrate the rationales for law, the greater context in which the legal order operates, and the relationship between law and society. The tangential benefits of using works from other disciplines are the enhancement of the…

This article reports that the U.S. Supreme Court is scheduled to hear arguments in December in a case that could make it more difficult for plaintiffs to win sexual-discrimination or sexual-harassment lawsuits against colleges and other educational institutions. The justices will decide whether to uphold a decision of the U.S. Court of Appeals for…

Academic Freedom is a sacrosanct value on American university campuses. Virtually all research institutions, public and private, have explicitly adopted some form of the American Association of University Professors' 1940 "Statement of Principles on Academic Freedom and Tenure" or the organization's the 1915 "Declaration of…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

Outlines what reverse discrimination is and is not, and argues that the constitution is color-blind. Available from University of Richmond Law Review, School of Law, University of Richmond, VA 23173. (IRT)

Argues that the Court has, at times, confused equal protection and due process methods of review, primarily by employing interest balancing in certain equal protection cases that should have been subjected to due process analysis. Available from Harvard Civil Rights-Civil Liberties Law Review, Harvard Law School, Cambridge, MA 02138; sc $4.00.…

Explores trends in the Court's interpretation of the libertarian and egalitarian dimensions of the Fourteenth Amendment and offers a theory of the two strands. Available from Michigan Law Review, Hutchins Hall, Ann Arbor, MI 48109; single issues $3.50. (Author/IRT)

On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…

Aliens have considerable rights and benefits in the United States. They are entitled to the protections of the Constitution. However, the nature of the Constitutional protections may vary with the alien's status, as a permanent resident or as a temporary or irregular resident. (NQ)

Section 15 of the 1982 Canadian Charter of Rights and Freedoms guaranteed equality to Canadians by April 17, 1985. This study was designed to investigate preparation during the three-year deferral period by federal and provincial/territorial governments to harmonize legislation in the area of education with the Charter's guarantees. (MT)