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ERIC Number: ED341113
Record Type: Non-Journal
Publication Date: 1991
Pages: 26
Abstractor: N/A
Reference Count: N/A
Our Bill of Rights Plus One: The Eleventh Amendment, Its History and Current Application to Schools and Universities.
Oldaker, Lawrence Lee
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 state cause of action. A historical overview is followed by a discussion of the amendment and educational issues, with a focus on the following: desegregation; school finance; special education; attorney's fees; schools and hospitals for the handicapped; copyright; and nonresident tuition. One conclusion is that the amendment may not have achieved its objectives to define federalism, maintain national supremacy, and afford protection for the states. Because the Supreme Court will probably maintain the 11th Amendment doctrine, modification can occur only by Congressional action. However, the uncertainty of judicial support may have a positive effect on local school governance by providing equitable and reasonable policies. (74 references) (LMI)
Publication Type: Legal/Legislative/Regulatory Materials; Historical Materials; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: United States Constitution