This dissertation traces the way hair is framed in judicial texts about dress code policy in the U.S. between 1969 and 2023. Using 46 court cases from district, appellate, state supreme, and federal supreme courts, the study first considers how dress code is brought to courts over these 54 years, and the kinds of legal claims made in these cases.…

The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in…

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"…

This article forecasts potential legal problems emerging from the use of new teacher evaluation systems in the states. This research was a policy analysis that combined three types of data to forecast the states and the legal challenges they might encounter: state policy data, selected case law, and problems from the literature of teacher…

Recent reports on discrimination in private schools have led some observers to decry the fact that private and charter schools receiving public tax dollars selectively exclude some populations from both employment and enrollment; others, however, note that in these and similar instances the schools have broken no laws. Both may be right. How can…

This study provides an historical analysis of the Chicago Public School Desegregation Consent Decree, while illustrating its relationship with the "Brown v. Board" of 1954. It provides an analysis of the mission and objectives of all three versions of the Consent Decree which include: The Original Consent Decree 1980, The Modified…

The U.S. District of Columbia's Federal Circuit Court decision in "Hobson v. Hanson" (1967) case eliminated racial discriminatory tracking practices in the nation's capitol's public schools. The court ruled that D.C. Public Schools' tracking violated African American and low income students' rights to equal opportunities to education…

This paper discusses a Lawsuit filed against Dow Jones Newspaper Fund and the legal settlement between the defendant and the plaintiff. The fund, a nonprofit organization affiliated with Dow Jones & Company had been operating more than 20 programs for minority high-school students to pursue careers in newspaper journalism. The organization…

Chapter 16 of a book on school law provides a legal overview of employment discrimination on the basis of race. A litany of cases has been adjudicated or are currently in litigation. Selected cases are reviewed briefly and arguments for and against the affirmative action guidelines are presented. The main area of complaint about the guidelines is…

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

The Constitution is a living document whose meaning was not fixed forever at the Philadelphia Convention. Focuses on the slavery compromise and the Fourteenth Amendment to demonstrate defects of the document and its promising evolution through 200 years of American history. (PS)

A review of the constitutional promises to black people, early congressional efforts to fulfill these promises, early court cases construing the Fourteenth Amendment and the impact of these decisions along with their subsequent overruling. (Author/JB)

The DeFunis case regarding reverse discrimination in law school admissions, won in the state trial court, reversed by the State Supreme Court, then rejected in 1974 in the U.S. Supreme Court as a "moot" case (DeFunis had already graduated), is reviewed. An outline of the appeal argument is included along with discussion of the unresolved…

Two legal problems highlighted by the DeFunis litigation are: (1) the proper role of race in undergraduate admissions; and (2) the procedure of underground graduate admissions. (Author/KE)

Examines various theories that courts have used in applying Fourteenth Amendment criteria to nonpublic colleges and universities. Specifically examined are the agency theory for state actions; the public responsibility, government function,and stae involvement doctrines; the theory of permissive norms; and the concept of natural justice.…