The DeFunis case regarding reverse discrimination in law school admissions, won in the state trial court, reversed by the State Supreme Court, then rejected in 1974 in the U.S. Supreme Court as a "moot" case (DeFunis had already graduated), is reviewed. An outline of the appeal argument is included along with discussion of the unresolved…

On college campuses today, the debate rages over whether self-restraint and tolerance for nonconformity is overriding a need to protect certain individuals and groups from objectionable speech. Some administrators, students, and alumni wish to prevent "bad speech" in the form of expressions of racism, sexism, and the like. Advocates for…

A number of court cases are cited which trace the development of various definitions and interpretations of the equal protection clause of the Fourteenth Amendment to the Constitution as would be applicable to inadequate" schools. (DM)

There are three major classifications of foreign students in the United States. "I-20" students are those who are in the country only to attend school. These students must attend an approved educational institution full-time or face deportation. Aliens who are permanent residents or who are visiting but meet residence requirements are…

Argues that, in dealing with the rights of minorities, the Supreme Court has read the Fourteenth Amendment in a way contrary to the intent of those who framed the Constitution. Available from the South Carolina Law Review, University of South Carolina School of Law, Columbia, South Carolina 29208; $13.00/year. (IRT)

Constitutional essays which formed the basis of public assemblies throughout three states are compiled in this book. The first three essays consider the U.S. government principles of federalism, judicial review, and the separation of powers. Michael L. Benedict proposes that the question of ultimate sovereignty has been answered differently by…

Discusses the laws involving duration and domicile laws defining noncitizen's status in relation to residency requirements in education. Considers the extension of the "Plyler vs. Doe" decision to higher education. Reviews some state statutes for "Plyler-like" situations and finds many state practices to be unconstitutional.…

The implementation of any competency testing program must take into consideration the due process clause and the Equal Protection clause of the Fourteenth Amendment. Examples of the violation of the due process clause would be to implement a testing program without adequate notice or to cover material not taught. Instructional validity must be…

This article discusses practical guidance on schools' legal rights and responsibilities with respect to students, programs, and curriculum. Like all other individuals, lesbian, gay, bisexual, and transgender (LGBT) students are guaranteed equal protection under the Fourteenth Amendment to the Constitution and free speech and association under the…

The 50th anniversary of the historic 1954 U.S. Supreme Court decision in "Brown v. Board of Education" provides an opportunity to trace the origin of "Brown" and the long journey by African Americans to achieve quality elementary and secondary education in this country. This journey began with passage of the Fourteenth…

Presents a sample introductory lesson on the concept of equal protection, differential treatment under law, and legal tests for determining when differential treatment violates the Equal Protection Clause. Recommends using a poster depicting segregated water fountains and contrasting it with the Declaration of Independence to discuss the doctrine…

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

The constitutional basis for laws concerning rights of the handicapped lies in the Fourteenth Amendment's equal protection and due process clauses. Recent litigation has been based on Section 504 of the 1973 Rehabilitation Act, P.L. 94-142. Significant court decisions affecting education have been handed down in five areas. Regarding right to free…

This legal document presents the decision of the U.S. Supreme Court in the case brought against the University of Michigan's use of racial preferences in undergraduate admissions. In Gratz et al. v. Bollinger et al., the Court held that while race is one of a number of factors that can be considered in undergraduate admissions, the automatic…

Aiming to educate adult learners on the United States Constitution and Bill of Rights, this teachers' guide focuses on cases and controversies about individual rights which are most relevant to the lives of adults. The worktext for adult learners provides some basic background information about the development and interpretation of the Bill of…