This chapter examines federal and state court cases from 1978 that deal with the organization of public higher education, state authority in higher education, intergovernmental relations, tax exemptions, wills and trusts, private higher education, and school finance. The author suggests that the lack of cases concerning open meeting laws indicates…

This document provides witness testimony and prepared statements from two sessions of the congressional hearing called to consider the reauthorization of Title X of the Public Health Service Act, the Population Research and Voluntary Family Planning Programs. Testimony is provided from the federal administration, state officials, representatives…

Argues that the Constitution did not originally recognize state immunity from suit in federal courts and that the Eleventh Amendment is narrow in scope and limits judicial power only where the sole basis of jurisdiction is the character of the parties. Available from Indiana University School of Law, Lax Annex II, Bloomington, IN 47405.…

In "De Canas" the Supreme Court removed the spectre of preemption on the basis of an obscure notion of implied congressional intent, leaving only objective factors to be applied. Available from William S. Hein & Co., Inc., 1285 Main Street, Buffalo, NY 14209. (Author)

Discusses the state's role in intervening in cases of child abuse and the four types of abuse: physical abuse, sexual abuse, emotional abuse, and neglect. The author offers alternatives to state intervention and explores the legal ramifications of the mandatory reporting laws. (WD)

Discusses interpretations of the establishment clause of the First Amendment. Outlines how Supreme Court decisions involving separation of church and state have been based on misinterpretations both of the First Amendment and of the intentions of its framers. (MD)

Argues that a carefully drafted amendment to the National Labor Relations Act can withstand constitutional challenge and that the standards set forth in "League of Cities" can be met. (Author/IRT)

Examines the growth of equitable relief in school desegregation cases and the impact of the Supreme Court's doctrine delimiting the role of lower federal courts when they exercise equity jurisdiction in civil rights cases. Available from Business Manager, University of Dayton Law Review, 300 College Park, Dayton, OH 45469. (Author/IRT)

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…

The school segregation cases, generally cited as Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) were first argued in the Supreme Court of the United States in December, 1952. On June 8, 1953, six months after the first arguments and nearly a year prior to the decision, the Supreme Court ordered that the cases be re-argued in the…

This, the third annual yearbook on higher education law, provides a comprehensive summary and analysis of all state and federal court cases involving higher education reported during 1978. The chapters have been authored by individuals who are experts in higher education law and specialists in the particular topics of their chapter. The chapters…

These hearings before the Congressional Subcommittee on Select Education consider the extension through fiscal year 1985 of appropriations for programs established by the Alcohol and Drug Abuse Education Act. The text of the extension bill, H.R. 2644, is presented, followed by testimonies from the Department of Education as well as individuals who…

A 2000 Supreme Court ruling barring age-discrimination suits for money damages by state employees against state agencies (under the Age Discrimination in Employment Act) presaged a 2001 ruling striking down the equivalent provision of the Americans with Disabilities Act. "Garrett" further limits Congress's power to regulate state…

The legal debate over religious freedom in public schools involves the aspects of control of education, definition of religion, and religious expression. Cites conflicting judicial decisions and states the issues the Supreme Court must resolve. (MLF)

South Carolina's Educator Improvement Act provides for a "cradle-to-grave" system of training, certification, employment, and evaluation of teachers. The author fears this type of legislation is the precursor of a nationwide shift in the locus of policy making. (Author/WD)