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Schimmel, David – West's Education Law Reporter, 1989
Explores the opinions of Justice Rehnquist in issues concerning religion and public education; observes that the Supreme Court appears just one vote away from shifting church/state issues to the local level; and urges those concerned with constitutional values and public education to reexamine the Bill of Rights. (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
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Rebell, Michael A.; Murdaugh, Anne W. – Journal of Law and Education, 1992
Describes judicial attitudes toward the needs of linguistic minorities in the 1960s and 1970s and the shift during the last decade from mandating national standards to emphasizing local community discretion. Explores the implications for the national-value/community-value distinction for bilingual education and for current controversies concerning…
Descriptors: Bilingual Education, Community Attitudes, Court Litigation, Elementary Secondary Education
Beezer, Bruce – 1989
The "pig in the parlor" refers to a growing area of censorship. In this paper, "parlor" stands for public schools, and "pig" for speech that need not be protected if it occurs at an inappropriate time or place, i.e., if such speech is not considered to bear the "imprimatur" of the schools. A review of the…
Descriptors: Court Litigation, Educational Legislation, Elementary Secondary Education, Ethics
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Rebell, Michael A.; Murdaugh, Anne W. – Journal of Law and Education, 1992
Discusses the issue of gender equity in the schools from the perspective of a national values/community values distinction. An overview of the major U.S. Supreme Court decisions on sex discrimination issues is presented followed by a detailed analysis of the implementation of legal mandates regarding sex equity in program access, athletics, and…
Descriptors: Admission (School), Athletics, Community Attitudes, Court Litigation
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Breyer, Hugh J. – Journal of Law and Education, 1991
In "Mozert," fundamentalist parents claim that the reading curriculum interfered with their right to transmit religious values to their children. The district court fashioned an excusal scheme; however, the Sixth Circuit reversed this decision. Reviews the facts, analyzes points of law left unresolved, and discusses the broader…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Parent Rights
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Moore, Randy – American Biology Teacher, 1999
Describes the background and outcome of the McLean v. Arkansas Board of Education case heard in federal court in the early 1980s. The decision repealed a legislative act which called for "equal time" in science classrooms for presenting evolution and creationism. The decision also established that "creation science" had no scientific merit or…
Descriptors: Biology, Court Litigation, Creationism, Educational Policy
Piele, Philip K. – 1978
A review of cases involving higher education property matters shows that many are concerned with building construction, equipment installation, or repair contracts. A number of other cases involve routine conflicts between colleges or universities and other governmental entities over matters such as requests for special exceptions to zoning…
Descriptors: Contracts, Court Litigation, Federal Courts, Higher Education
Hyman, Ronald T. – 1989
The educational beliefs of Supreme Court Justices in the 1980s are examined, i.e., the explicitly stated beliefs, rather than any inferred beliefs based on legal decisions. In particular, the focus is on beliefs expressed only in the major Court opinions rendered in the 1980s. Issues discussed include the definition of education, its relation to…
Descriptors: Case Studies, Court Litigation, Educational Legislation, Elementary Secondary Education
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Hyman, Ronald T. – West's Education Law Reporter, 1990
Sets forth and considers educational beliefs explicitly stated by the justices of the Supreme Court in major court opinions rendered in the 1980s. The justices' educational viewpoints, in general, have turned to an emphasis on control, discipline, order, authority, and the inculcation of traditional values. (60 references) (MLF)
Descriptors: Court Litigation, Discipline, Educational Principles, Elementary Secondary Education
Gregory, Gwendolyn H. – 1987
Supreme Court decisions made during the previous and present terms as well as some that will be rendered next term are discussed. Among the cases, the following are of particular relevance to school board members. In "Memphis Community Schools v. Stachura" the Court declared that damages based on the "value" of constitutional…
Descriptors: Affirmative Action, Civil Rights, Constitutional Law, Court Litigation
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Shoop, Robert J. – West's Education Law Reporter, 1990
The "Hazelwood" decision has moved the argument about student rights of freedom of expression from the courthouse to the statehouse. A growing list of states have considered legislation to restore students' rights, and a number of local school boards are also reaffirming the value of a free student press. (MLF)
Descriptors: Censorship, Court Litigation, Court Role, Federal Courts
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McCarthy, Martha M. – Journal of Law and Education, 1990
Addresses allegations that public schools are unconstitutionally promoting secular humanism. Presents perspectives defining secular humanism and explores whether secular humanism is considered a religion under the establishment clause. Deals with charges by conservative parent groups. (164 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
Department of Education, Washington, DC. – 1998
These guidelines, addressing the extent to which religious expression and activity are permitted in public schools, were originally issued in 1995. Changes have been made in the sections on religious excusals and student garb to reflect the Supreme Court decision in "Boerne v. Flores" declaring the Religious Freedom Restoration Act…
Descriptors: Board of Education Policy, Commencement Ceremonies, Compliance (Legal), Constitutional Law
Hunt, Thomas C. – Texas Tech Journal of Education, 1981
The cumulaltive impact of court decisions, on the church-related elementary and secondary schools, especially those under Catholic auspices, and on the relationship between religion and education in modern American life is considered. (JN)
Descriptors: Church Programs, Church Role, Court Litigation, Educational Vouchers
Jarvis, Mel – CCBC Notebook, the Competency Based Curriculum, 1982
In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first…
Descriptors: Board of Education Role, Censorship, Court Litigation, Elementary Secondary Education
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