The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

This paper discusses a Lawsuit filed against Dow Jones Newspaper Fund and the legal settlement between the defendant and the plaintiff. The fund, a nonprofit organization affiliated with Dow Jones & Company had been operating more than 20 programs for minority high-school students to pursue careers in newspaper journalism. The organization…

This document gives in broad outline the contours of the notion of affirmative goals and timetables, as adopted in the Four Agency Agreement developed by the Justice Department, EEOC, the Department of Labor, and the Civil Service Commission. Two appellate court decisions dealing with the issue of affirmative hiring relief are discussed. (MJM)

Examines problems which prevented the development of the Equal Employment Opportunity Commission (EEOC) into an effective agency; emphasizes its litigation record after Title VII of the Civil Rights Act of 1964 was amended in 1972. Recommends that the EEOC be changed from a "claims adjustment bureau" to an enforcement agency. (Author/ML)

A recent test case may relate significantly to the interests of many "Catholic ethnic" minorities in relation to school admissions and job opportunities. (KM)

If the Court allows race to become an explicit device of government through race conscious laws, then racism, racial spoils systems, racial competition, and racial odium will be fixtures of government. Available from The University of Chicago Law School, 1111 E. 60th St., Chicago, IL 60637. (Author/IRT)

The "Weber" decision held that a private employer's voluntary affirmative action plan designed to remedy past racial imbalances in traditionally segregated jobs does not violate the will of Congress as expressed in Title VII of the Civil Rights Act of 1964. (Author)

The Supreme Court's "Croson" decision has major implications for local government and school administrative units that wish to encourage the use of minority contractors. Discusses the decision and some of the effects that the rules announced in the case may have on North Carolina's local governments and schools. (MLF)

Reexamines the "Brown" decision, including its background, the issues before the Court, the holding, and the implementation decision. (IRT)

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…

Affirmative action plans by employers can be required in three different situations. Under authority of Executive Order 11246, contract compliance agencies can require them as part of action to end discrimination. Under authority of 1972 amendments to the 1964 Civil Rights Act, the Equal Employment Opportunity Commission can include them in any…

The Commission on Civil Rights undertook this study against a background of written complaints and allegations that Mexican Americans in the Southwest were being subjected to discrimination by law enforcement agencies, and in the process of administration of justice. The objective was to find what, if any, factual basis exists for these…

Schools frequently use test scores to divide students into groups, i.e., to classify them. In attempting to challenge such procedures, lawyers can draw on a developed body of case law on testing in education, employment, and other areas. Discusses those cases. (JF)

The principle that seems to underlie the Court's school desegregation cases is that racial criteria may be used to make one person better off than another unless constitutionally-recognized expectations of the latter person are frustrated. Available from University of Cincinnati Law Review, Taft Hall, University of Cincinnati, Cincinnati, OH…