Recent legal decisions affecting the rights of children are reviewed and analyzed in terms of efforts to balance the often competing interests of children, their families, and the state. It is concluded that the political process, not the judicial process, will have to be engaged to provide what children need. (Author/AM)

The University of Texas law school's race-based admissions process triggered the boldest judicial statement addressing affirmative action since 1978. Colleges and universities throughout the country must now look at student diversity on a student-by-student basis and without reference to racial classifications. Admissions offices failing to comply…

The interaction analysis scheme describes the adjustment of the legal system to change. It is a dynamic decision-making process interacting internally among the judicial and legislative subsystems, and, externally with the social environment in the policy-making process. (SE)

This monograph examines recent legal developments in education and their impact on federal policy as well as ways in which the legislative and executive branches can facilitate rather than impede state compliance with court mandates. While organizing the discussion under the broad headings of "Equal Educational Opportunity,""Protection of…

Drawing from an extensive literature review, this practicum recommends a written student academic due process procedure for Brookdale Community College (BCC). Introductory material poses the issue of students' rights to specific institutional procedures by which they can challenge academic judgements made by instructors or by collective faculty or…

This book examines the capacity of the courts to make and implement social policy, focusing on how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the courthouse. After a general…

Graduate students and faculty from within and outside of the University of Pittsburgh community were among the presenters at this colloquium on educational change and challenge. The papers include: Academic Freedom, Anti-Communism, and the McCarthy Era (Steve Aby); The Finnish Contribution to the American Workers' Education Movement (Richard J.…

Dimensions and implications of the role of the federal courts in the formulation of educational policy are discussed. Emphasis is placed on the function of social scientists and social science data and techniques in the legal process. The document contains seven articles. Article I presents background information on the relationship between social…

As courts at the local, state, and federal levels take an increasingly large role in formulating educational policy, serious questions arise about the use of social science data in judicial decision-making. The seven papers in this book were first presented at a symposium focusing on an exploration of the manner in which the definitions of…

Examines the general concept of judicial activism, then looks at three specific areas where charges of usurpation of policy-making power have been leveled at the courts: (1) racial desegregation; (2) due process for students; and (3) religion in public education. Concludes that judicial involvement in school policy occurs when explicit…

Discussions of public and private institution rule-making indicate (1) that courts are increasingly receiving grievances of athletes and schools on their merits and (2) the nature of regulatory process in amateur athletics is changing from almost complete private regulation to increasing public supervision from the courts. (AF)

Examines recent litigation based on disputes over science and technology, the burdens on the adjudicatory process, and proposed reforms. Argues that such proposals frequently misconceive the problems faced by the courts because they concentrate on the question of technical uncertainty rather than conceptual and policy issues at stake. (Author/SK)

Examines legislative and judicial interventions in the schooling process and discusses some consequences for teachers, administrators and school board members. (Author/AM)

Inherent differences between the legal-adversary process and empirical social science research are damaging to the growth of social science and to its usefulness in court. Changes are suggested which would increase the value of social science findings in court decision making. (Author/GDC)

Legal limitations faced by law schools adopting university diversity admission policies are considered in light of the new judicial climate in which consideration of nontraditional race criteria is in disfavor. Difficulties in admitting a fully diverse law school class under the traditional application process are examined, appropriate standards…