Observes that the bulk of the federal judiciary's business is handled by lower federal courts. Discusses the evolving structure and business of the federal judiciary, district courts, circuit courts of appeal, declining federal supervisory capacity due to rising case loads, and future problems likely to be faced by the federal judiciary. (DSK)

In 1964 the United States Supreme Court issued a landmark decision, in the case of the New York Times v. Sullivan, that was hailed as a tremendous victory for the news media. This decision changed the law of libel by introducing a fourth requirement of "actual malice" in addition to three previously accepted requirements--publication,…

This paper considers how the Supreme Court used an idealized history of the infamous Alien and Sedition Acts of 1798 to help justify its decision in "New York Times v. Sullivan" in 1963. The first section of the paper discusses the Alien and Sedition Acts of 1798, the second section discusses the Court's use of history in the "New…

Examines issues under three categories: strategies and plans for desegregation in rural school districts and small towns; the complexity of policy making in Memphis, Chattanooga, and Nashville school districts; and the record of federal courts in Tennessee. (RH)

A U.S. Court of Appeals has upheld significant portions of an arrangement allowing Rutgers University faculty to pay agency fees in lieu of union dues and still be covered by a collective bargaining contract, despite contention that aspects of the agreement violated their constitutional rights to free speech. (MSE)

In 1895 a small group of Bannock Indians was arrested for hunting in an area in which they had treaty hunting rights. Article describes the historical background of the episode, discusses similar court cases, and cites the need today for clear legal precedents regarding Indian hunting and fishing rights. (DS)

Reviews the efforts of Oklahoma to comply with the 1969 Supreme Court decision, "Adams v Richardson," which required states to desegregate traditionally White educational institutions. Concludes that Oklahoma has failed to increase the number of minority students in institutions of higher education but has institutionalized the…

Most Americans are keenly aware of the African American civil rights movement. However, few know about the comparable struggle of Mexican Americans to enjoin the practice of segregated public schools in the Southwest. This article analyzes "Mendez v. Westminster School District," a 1946 federal court case that ruled that separate but…

The history of the 11th amendment to the U.S. Constitution and its current application to schools and universities are examined in this paper. The amendment, which seeks to protect the states by redefining judicial boundaries within the federal concept of government, is unclear and paradoxical, especially to claimants seeking federal relief from a…

In Brown v. Board of Education of Topeka, Kansas, the Supreme Court outlawed segregation in the nation's public schools. This decision has not eliminated racial segregation, but it fundamentally altered the psychological pattern of race relations in the United States. Brown concerned a form of racial discrimination that has virtually vanished from…

Describes origin of amicus curiae brief submitted in response to the Louisiana Balanced Treatment Act for creation science and evolution science that had been struck down in the Federal Court of Louisiana in 1985 and was being appealed to the Supreme Court. Discusses the historical significance for the collective defining and defending of science…

Examines the Smith John case--in which the United States Supreme Court secured official recognition of the Mississippi Band of Choctaw as a tribe--as an example of "rhetorical games" used by different cultural groups to manipulate each other. Suggests alternative rhetorical strategies that would benefit the state and the Mississippi…

This book is a compilation of articles by Linda Zook, Steven Bower, Thomas Black, Frank Aquila, Patrick Tydings, Robert Powers, and Bruce Graham on the legal and educational history of school segregation. An initial article reviews the Federal court process. Also presented is a general historical review of Supreme Court doctrine on the issue of…

MAARDAC (Mid-Atlantic/Appalachian Race Desegregation Assistance Center), located at the University of Tennessee (Knoxville), is federally funded (Title IV of Civil Rights Act of 1964) to help local education agencies in Kentucky, North Carolina, South Carolina, and Tennessee solve problems connected with school desegregation. (LC)

The Chicago Archives Branch has a sizeable amount of material pertaining to Indians who once resided in the area of Ohio, Michigan, Indiana, Illinois, Wisconsin, and Minnesota which is contained in the records of the Bureau of Indian Affairs (BIA), the District Courts of the United States, the United States Attorneys and Marshals, the Chief of…