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Tribe, Laurence H. – Harvard Law Review, 1979
The "Bakke" case is examined for what it has to say regarding first the area of equal protection, then the idea of procedural fairness as distinct from accuracy of result, and finally the notion of structural justice. Available from Harvard Law Review, Harvard Law Review Association, Gannett House, Cambridge, Massachusetts 02138; sc…
Descriptors: Admission Criteria, Affirmative Action, Due Process, Equal Protection
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Rossow, Lawrence F. – Journal of Law and Education, 1984
Reviews the lack of student suspension research and defines due process. Presents statistical data on racial, gender, and social class discrimination in relation to suspensions. Schools need to review policies on due process, fair warning, proportionality and equal application, and nondiscrimination in relation to student suspensions. (MD)
Descriptors: Due Process, Elementary Secondary Education, Equal Protection, Racial Discrimination
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Smith, Michael R. – School Law Bulletin, 1978
Examines each of the four arguments aginst the North Carolina competency testing program: that the test will result in denial of equal protection of the law, in a violation of Title VI of the 1964 Civil Rights Act, and in a denial of both procedural and substantive due process. (Author/IRT)
Descriptors: Civil Rights, Due Process, Equal Protection, Minimum Competency Testing
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Wilson, James B. – Journal of College and University Law, 1973
Three unresolved affirmative action admissions problems are examined: the role of students in admissions decisions, the validity of racial quotas, and to what extent applicants are entitled to due process protection of the fourteenth ammendment. Included is a synopsis of DeFunis v. Odegaard, which upheld a reverse discrimination claim. (JT)
Descriptors: Admission Criteria, Affirmative Action, College Admission, Court Litigation
Flygare, Thomas J. – Phi Delta Kappan, 1981
Despite demonstrated success of a graduation competency testing policy in Tatnall County (Georgia), a judge ruled that the policy violated due process because the school district could not show that the items on the test were actually taught in the schools. (WD)
Descriptors: Academic Achievement, Court Litigation, Disabilities, Due Process
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Berger, Raoul – South Carolina Law Review, 1979
Argues that, in dealing with the rights of minorities, the Supreme Court has read the Fourteenth Amendment in a way contrary to the intent of those who framed the Constitution. Available from the South Carolina Law Review, University of South Carolina School of Law, Columbia, South Carolina 29208; $13.00/year. (IRT)
Descriptors: Civil Liberties, Civil Rights, Constitutional Law, Court Role
Jones, Thomas N. – 1981
Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…
Descriptors: Court Litigation, Due Process, Equal Protection, Graduation Requirements
McClung, Merle – Inequality in Education, 1973
An attempt to formulate a legal framework to aid lawyers considering legal challenges to student classifications such as uneducable, mentally retarded, emotionally disturbed, hyperkinetic, vocational, etc. (JF)
Descriptors: Ability Grouping, Court Litigation, Due Process, Equal Protection
Tractenberg, Paul L. – Phi Delta Kappan, 1976
Discusses written and unwritten tests of teachers and such issues as due process, equal protection, and test validity. (IRT)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Employment Qualifications
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Dybing, Robert A.; Silliman, N. Reed – Journal of Family Law, 1972
Compares two court cases to determine (1) the nature of the institution itself and (2) the nature of State involvement at the institution. Points out that (1) a confrontation between two constitutionally protected rights and (2) the significance of the absence of any racial discrimination characterize both cases. (Author)
Descriptors: Civil Liberties, Court Litigation, Due Process, Equal Protection
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Mahon, J. Patrick – NASSP Bulletin, 1980
Competency-based education programs could raise three kinds of legal issues: claims under the due process clause, claims of discrimination under the equal protection clause, and claims of negligence. (Author/JM)
Descriptors: Competency Based Education, Due Process, Elementary Secondary Education, Equal Protection
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Saidman, Gary K.; Wright, Nicholas M. – Emory Law Journal, 1976
In the principal case the court admits that evidence of a disproportionate impact is relevant to a showing of racially discriminatory intent. Implications of this finding are discussed. (LBH)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Due Process
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Harris, J. John, III; And Others – 1983
Of the 2 million children suspended from school each year, a disproportionate number are minority youth who, although they make up only 5 percent of the school population, comprise 40 percent of all suspensions and expulsions. The United States Supreme Court has issued several rulings to protect students from arbitrary and capricious imposition of…
Descriptors: Black Students, Civil Rights, Court Litigation, Due Process
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Jones, Emma Coleman – Harvard Civil Rights - Civil Liberties Law Review, 1979
Intervention, a procedure by which an outsider with some personal stake in the outcome of a lawsuit may become a party to it, was sought and denied in the Bakke case. This article reviews federal rules and analyzes criteria for statutory and nonstatutory intervention, and discusses the requirement of "timeliness." (GC)
Descriptors: Affirmative Action, Civil Rights, Constitutional Law, Court Litigation
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Karst, Kenneth L.; Horowitz, Harold W. – Harvard Civil Rights - Civil Liberties Law Review, 1979
Constitutional issues addressed in the Supreme Court's decision are reviewed. The opinions rendered by Justice Powell are viewed as reflections of the weakness of recent equal protection theory, and as signs of future doctrine. (GC)
Descriptors: Admission Criteria, Affirmative Action, Civil Rights, College Admission
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