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Special Education as Neoliberal Property: The Racecraft, Biopolitics, and Immunization of Disability
Kearl, Benjamin – Educational Studies: Journal of the American Educational Studies Association, 2019
Through the juxtaposition of 2 recent Supreme Court actions--"Allston v. Lower Merion County School District" (2015) and "Endrew F. v. Douglas County School District" (2017)--this article argues that special education is a neoliberal property that works to recruit disability through scientific-juridical qualifications of…
Descriptors: Special Education, Neoliberalism, Politics of Education, Racial Bias
Peer reviewedSmith, Elizabeth R. – Journal of College and University Law, 1989
"Anderson v. University of Wisconsin" gives important guidance to universities by detailing the components of race and handicap discrimination claims, and illustrating how these claims can succeed. Readmission procedures that could reduce the likelihood of charges of discrimination are suggested. (Author/MLW)
Descriptors: Admission (School), Admission Criteria, Alcoholism, Court Litigation
Peer reviewedPieronek, Catherine – Journal of College and University Law, 2000
Reviews court cases related to discrimination against higher education students in 1999, focusing on gender, race, and disability discrimination. The wide variety of cases does illustrate the importance of standing, relief available, and the threshold the plaintiff must meet to survive the defendant's motion to dismiss or motion for summary…
Descriptors: College Students, Court Litigation, Disability Discrimination, Higher Education
Peer reviewedLevin, Betsy – Journal of Law and Education, 1975
Deals with the law related to the equal treatment of the races and sexes, to the demand for equal access to educational resources, to the area of equal educational opportunity for the handicapped, and to the recent court decisions affecting student suspensions and expulsions. (Author)
Descriptors: Court Litigation, Disability Discrimination, Educational Discrimination, Educational Finance
Peer reviewedSherman, Morton; Zirkel, Perry – Journal of Law and Education, 1980
Surveys legal developments in the area of discrimination against students in higher education. Under the heading of the class (such as race, sex, or handicap) affected, constitutional, statutory, and administrative bases are described along with applicable judicial decisions. (Author/IRT)
Descriptors: Age Discrimination, College Admission, College Students, Court Litigation
Peer reviewedMcClure, Phyllis – Black Scholar, 1986
Traces the change in Federal funding policy to exclude programs, rather than institutions, which racially discriminate. Argues that this loophole, created by a Supreme Court decision in 1984, has had a devastating impact on civil rights enforcement. Explores the impact of discrimination on four types: sex, age, race, and handicap. (ETS)
Descriptors: Age Discrimination, Civil Rights Legislation, Court Litigation, Disability Discrimination
McClure, Phyllis; Califa, Antonio – 1986
The impact of the Supreme Court's 1984 Grove City College v. Bell decision on the interpretation of civil rights laws is discussed in this report. The Grove decision, it is argued, has made it possible for institutions to discriminate in programs which do not receive direct Federal aid. As a result, civil rights and affirmative action laws have…
Descriptors: Age Discrimination, Civil Rights Legislation, Compliance (Legal), Court Litigation
Peer reviewedCantu-Weber, Josie – Change, 1999
Analysis of 160 articles in the "Chronicle of Higher Education" concerning controversy, complaints, lawsuits, and rulings in higher education found almost half involved some form of discrimination or harassment as a central theme. The issues (sex/ gender, race/ethnicity, disability, age, religion, and newer themes) are discussed, as well…
Descriptors: Age Discrimination, College Administration, Court Litigation, Disability Discrimination
Flicker, Barbara, Ed. – 1990
The effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation's schools are examined in this book. Case studies, surveys, and interviews with lawyers and judges involved in the leading cases are presented in nine chapters by nine contributors, each of whom is a recognized authority in…
Descriptors: Bilingual Education, Civil Rights, Constitutional Law, Court Litigation
McCarthy, Martha M. – 1983
An overview is presented of litigation in which courts have interpreted educational employees' rights to nondiscriminatory treatment and employers' obligations to ensure equal employment opportunities. Because of the range, volume, and complexity of the litigation in this area, the intent is to identify applicable legal principles rather than to…
Descriptors: Affirmative Action, Age Discrimination, Civil Rights Legislation, Court Litigation
Peer reviewedReed, Mary Hutchings – Journal of Library Administration, 1986
Provides a broad survey of employment discrimination lawsuits brought against libraries under various federal and state statutes. Practical pointers for librarians are drawn from these cases for their use in hiring, firing, and disciplining employees. (EM)
Descriptors: Civil Rights, Comparable Worth, Court Litigation, Disability Discrimination
Peer reviewedPullin, Diana – Journal of Law and Education, 2001
Authors discuss several key legal issues involving the testing and licensing of teachers to improve educational quality. Primary focus is on federal constitutional and statutory issues in testing those who belong to different racial/ethnic, gender, age, language, and disability groups. Addresses legal implications of new testing requirements in…
Descriptors: Age Discrimination, Court Litigation, Disability Discrimination, Educational Change
Reschly, Daniel J. – 1997
This monograph addresses issues concerned with the disproportionate representation of minority students, especially black students, in special education programs. It reviews the nondiscrimination legal requirements and protections as well as litigation in the federal courts. After a "warm-up exercise" in the form of a pre-test, an…
Descriptors: Attitude Change, Black Students, Civil Rights, Court Litigation

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