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Showing 1 to 15 of 88 results Save | Export
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Fischer, Louis – West's Education Law Reporter, 1989
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…
Descriptors: Court Litigation, Equal Opportunities (Jobs), Federal Courts, Racial Discrimination
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Schreck, Myron A. – West's Education Law Reporter, 1991
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)
Descriptors: Administrative Policy, Court Litigation, Disabilities, Elementary Secondary Education
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Bjorklun, Eugene C. – West's Education Law Reporter, 1990
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)
Descriptors: Court Litigation, Federal Courts, Graduation, High Schools
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Zirkel, Perry A. – West's Education Law Reporter, 1989
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)
Descriptors: Court Litigation, Federal Courts, Higher Education, State Courts
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Brown, Valerie L. – West's Education Law Reporter, 1991
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)
Descriptors: Court Doctrine, Court Litigation, Federal Courts, Higher Education
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Hopkins, W. Wat – West's Education Law Reporter, 1988
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)
Descriptors: Court Litigation, Federal Courts, Legal Responsibility, Public Officials
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Delon, Floyd G. – West's Education Law Reporter, 1990
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)
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts
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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
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Walden, John C. – West's Education Law Reporter, 1988
Litigation concerning Alabama's vestiges of a racially dual system of higher education has advanced to an appeal by the plaintiffs to the United States Supreme Court alleging that the decision by the Eleventh Circuit Court of Appeals establishes a dual standard for black judges and white judges hearing desegregation cases. (MLF)
Descriptors: Black Colleges, College Segregation, Court Litigation, Federal Courts
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Hyman, Ronald T. – West's Education Law Reporter, 1990
Sets forth and considers educational beliefs explicitly stated by the justices of the Supreme Court in major court opinions rendered in the 1980s. The justices' educational viewpoints, in general, have turned to an emphasis on control, discipline, order, authority, and the inculcation of traditional values. (60 references) (MLF)
Descriptors: Court Litigation, Discipline, Educational Principles, Elementary Secondary Education
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Schimmel, David – West's Education Law Reporter, 1989
Explores the opinions of Justice Rehnquist in issues concerning religion and public education; observes that the Supreme Court appears just one vote away from shifting church/state issues to the local level; and urges those concerned with constitutional values and public education to reexamine the Bill of Rights. (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
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Schimmel, David – West's Education Law Reporter, 1988
In "Hazelwood School District v. Kuhlmeier," the Supreme Court ruled that school authorities could control a student newspaper. This article summarizes the facts surrounding "Hazelwood," and outlines the lower court decisions, the conflicting views of the Court justices, the questions it leaves unresolved, and its implications…
Descriptors: Censorship, Court Litigation, Federal Courts, High Schools
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Goldberg, Steven S. – West's Education Law Reporter, 1988
The United States Supreme Court decision in "Honig v. Doe" precludes school officials from unilaterally excluding special needs children who become disruptive. School officials may use disciplinary procedures applicable to all students or seek judicial relief to obtain alternative placements for handicapped children. (MLF)
Descriptors: Court Litigation, Disabilities, Discipline Policy, Emotional Disturbances
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Cooper, Dolores; Strope, John L., Jr. – West's Education Law Reporter, 1990
Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)
Descriptors: Court Litigation, Discipline, Due Process, Elementary Secondary Education
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Cox, Derrick E. – West's Education Law Reporter, 1990
The United States Supreme Court expressly created the "Hazelwood" standard to give school administrators more control over student expression occurring during a school-sponsored activity. However, until the Supreme Court strictly defines curriculum, lower courts will continue to make overly broad application of "Hazelwood" to…
Descriptors: Boards of Education, Court Litigation, Curriculum Development, Decision Making
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