Law Commons^™

Constitutional Law--Minimum Protection In Public School Financing, Katherine P. Kenna

West Virginia Law Review

No abstract provided.

Recent Cases, Vanderbilt Law Review Staff

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …

Bradley V. School Board Of The City Of Richmond, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

In Defense Of Academic Judgment: A Comment, Maurice C. Benewitz

Buffalo Law Review

No abstract provided.

School District Consolidation: The Constitutional Unit Of Equality

Washington and Lee Law Review

No abstract provided.

The Rights Of Students In Public High Schools, Keith James Lindahl

Dissertations and Theses

The United States Bill of Rights guarantees American citizens’ personal freedom and at the same time places limitations on the actions of the various levels of government. Questions arise in regards to the age at which citizens are guaranteed rights and freedoms under the Bill of Rights. The young American citizen, in a public school, has not always enjoyed the exercise of the rights of American citizenship. This paper examines the current status of the rights of public high school students, specifically in the State of Oregon.

First to determine just which rights do apply in Oregon High Schools, court …

Constitutional Requirements For Standardized Ability Tests Used In Education, Lewis D. Beckwith

Vanderbilt Law Review

This Note examines the groundwork for possible legal remedies to correct the abuses of tests and testing procedures used by some educators. Because the standardized ability tests administered as prerequisites to college admission are perhaps the most significant obstacles to an individual's educational development, the discussion herein is directed primarily to them. This Note attempts to demonstrate that existing legal doctrines provide an adequate basis for challenging some of the standardized ability tests used in determining college entrance requirements as violations of equal protection and procedural due process. It also discusses the scope of a proper remedy for individuals aggrieved …

Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review

Michigan Law Review

This Comment deals with the inadequacies of IQ tests as devices for identifying those children who are to be relegated to classes for the mentally retarded and with the constitutional ramifications of these inadequacies. The present use of standardized tests may violate due process and equal protection guarantees. Additionally, certain procedural due process requirements, heretofore ignored in this context, may apply to the placement process.

Post--Brown Private White Schools--An Imperfect Dualism, James E. Smith

Vanderbilt Law Review

Federal courts have endeavored to assure that private discrimination practiced by schools is truly private. In this endeavor, courts have enjoined any significant state involvement as violative of the equal protection clause. The courts have shown no inclination to prohibit the private discrimination itself, however, and it appears unlikely that courts in the near future will take the innovative step of barring discrimination practiced by private white academies.

Defining And Attaining Equal Educational Opportunity In A Pluralistic Society, Ernest Q. Campbell

Vanderbilt Law Review

We in America have never made peace with the concept of pluralism. As a nation, we are fundamentally committed to the ideal of "equal opportunity"; yet, despite our presumably concomitant dedication to the principle that society should accommodate diverse values and goals,we have not conceptualized any means of determining whether equality of opportunity exists except by measuring people on the same scale. We have an appropriate rhetoric for describing equal opportunity--self-actualization, through which each person develops to the fullest extent in those directions that he or she wishes--but we have no institutionalized standards for determining whether realization of potential has …

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

West Virginia Law Review

No abstract provided.

Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review

Michigan Law Review

While attention will occasionally be drawn to the impact of the New York Times privilege, this Note largely assumes that a defamed plaintiff is capable of overcoming the constitutional barriers imposed by New York Times and its progeny. In other words, the assumption is made that libelous statements either fall outside the constitutional privilege or that the plaintiff can demonstrate actual malice in the student authors or editors. The Note will analyze the traditional theories which may be invoked to establish the university's liability for defamatory material in student publications. First, a range of student newspaper-university relationships will be examined …

The Negro College: Role And Prospect, Herman H. Long

Vanderbilt Law Review

American higher education, especially in the Negro college, is in a time of major crisis; the institutions are beset by many new problems and issues. Perhaps at no other time in the nation's history has higher education been more widely discussed and written about in the public press as well as in educational circles. Indeed, higher education has emerged in recent years as a national issue that ranks close to the problems of poverty, welfare, and the decline of the cities. A national policy on higher education is being formulated; resource allocation priorities are being determined; and Congress is struggling …

Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton

Court Briefs

No abstract provided.

De Facto School Segregation And The "State Action" Requirement: A Suggested New Approach, Dennis Powers

Indiana Law Journal

No abstract provided.

Teacher Qualifications—Use Of Minimum Score On Standardized Examination As Requirement For Hiring And Retention Of Teachers Where Examination Not Reasonably Related To Purpose For Which It Was Ostensibly Designed Is Impermissible As Violative Of Equal Protection Of The Laws Under The Fourteenth Amendment., Jonathan I. Rapoport

Buffalo Law Review

Armstead v. Starkville Municipal Separate School District, 461 F.2d 276 (5th Cir. 1972).

Healy V. James: Official Campus Recognition For Student Groups, Jeffrey L. Terbeek

Cleveland State Law Review

On June 26, 1972, the Supreme Court of the United States handed down its decision in the case of Healy v. James, a decision which will have great effect in the administrative review by a college or university official of a petition by a student group for recognition as a fullfledged campus organization. The Court declared that such a petition carries with it the associational rights of the group as protected by the first amendment, which can not be subjected to the prior restraint of denial without a constitutionally valid cause; placed the burden of proving such cause on the …

Constitutional Law: Board Of Education Rule Requiring Prior Review Of All Student Literature Distributed In High Schools Declared Unconstitutional., Michele O. Heffernan

Buffalo Law Review

Fujishima v. Board of Education, 460 F.2d 1355 (7th Cir. 1972).

Constitutional Law—Nontenured State University Professor Not Entitled To Protection Of Procedural Due Process Upon Nonrenewal Of Contract., Russell W. Petit

Buffalo Law Review

Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972).

Collateral Challenges To Criminal Convictions, Larry Yackle

Faculty Scholarship

The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.

The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon

Villanova Law Review

No abstract provided.

Constitutional Law - Free Exercise Clause Prohibits Compulsory Education Of Amish Children, Edward J. Walsh Jr.

Loyola University Chicago Law Journal

No abstract provided.

The Judiciary And Education Reform: A Reassessment, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Professor Areen examines the judicial attempt to provide equal educational opportunity, and questions the basic premises upon which judicial intervention is based. The author concludes that judicial efforts to equalize educational opportunity have been misdirected. The goals sought to be attained by judicial intervention must be reconsidered before an effective education can be provided for all.

Disparity In Financing Public Education: Is There An Alternative To Rodriguez?

University of Richmond Law Review

Revenues necessary to fund public education are generated by a system of school financing in general use throughout the United States. Basically, funds are derived from three sources: federal aid, state aid, and some form of local ad valorem tax on property, as determined by assessed values. Even though the percentages supplied by each source vary from jurisdiction to jurisdiction, each system appears to have one common denominator- a major portion of its operating fund is supplied by taxation of property situated within the school district or local unit of government. Obviously, a district with high property values can generate …

Student Conduct Regulations, Arthur J. Marinelli Jr.

Cleveland State Law Review

The law relating to university students in their relationships with their schools has been undergoing rapid change as students have sought judicial relief when subjected to disciplinary action by universities. The courts have, in recent years, applied constitutional standards in reviewing the action of university officials with respect to the form of student conduct regulations, student expression, and disciplinary proceedings in the tax-supported university. Judicial abstention was once the rule, historically based upon a number of varying theories. Attendance at a university was once regarded as a "privilege," and regulation of student action has been upheld on this theory as …

Mandatory Maternity Leave Policy In The School Systems - A Survey Of Cases, Phyllis Elayne Marcus

Cleveland State Law Review

Thus, it has been suggested that mandatory maternity leave regulations, which are in force in many American school systems today, are a ". . . manifestation of [this] cultural sex role conditioning . ... " It is only recently that the power of the school boards to make these rules requiring teachers to take leaves of absence after a certain month of pregnancy have been challenged in our courts. The first two cases raising this issue were La Fleur v. Cleveland Bd. of Educ.3 and Cohen v. Chesterfield County School Bd.4 in May 1971. Since then, there have been a …

In Defense Of Academic Judgment: Settling Faculty Collective Bargaining Agreement Grievances Through Arbitration, Bernard Mintz, Allan Golden

Buffalo Law Review

No abstract provided.

Contract Law And The Student-University Relationship, Jonathan Flagg Buchter

Indiana Law Journal

No abstract provided.