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…

School board rules for the Cleveland, Ohio, and the Chesterfield County, Virginia, districts required pregnant teachers to take unpaid maternity leave five months and four months respectively before expected childbirth. A date for eligibility for return to work was also arbitrarily set. This pamphlet contains the entire official text of the…

Effects of the Fourteenth Amendment in sex discrimination cases are examined with focus on the standard of review--strict scrutiny, rational relationship, or something in between. Early challenges and judicial attitudes, growing use of the equal protection clause, maternity benefits (Title VII vs. the Constitution), and 1974-75 Supreme Court…

In an Alabama court decision ("Mason v. Teague") the standards for choosing hearing officers are interpreted in a manner that restricts the availability of due process hearing officers in special education disputes involving handicapped students and the administration of the All Handicapped Children Act of 1975. (MD)

Describes how board maternity policies can be changed to meet judicial scrutiny. (JF)

Indicates and discusses those reasons given by boards for requiring pregnant teachers to go on mandatory leave that will pass judicial scrutiny. (JF)

Applying the middle-level equal protection scrutiny, the author argues that the mandatory retirement scheme upheld in "O'Neil" violates the equal protection clause. Available from the University of Pennsylvania Law School, 3400 Chestnut Street, Philadelphia, Pennsylvania 19104; $3.00 sc. (Author/IRT)

Examines the concept of equal educational opportunity found in the district court's decisions in "Keyes," the court of appeals' response, and the legal framework in which those decisions were made. Asserts that a constitutional doctrine of equal educational opportunity can be formulated to address educational disparities. (Author/IRT)

Wulff v. Singleton represents the first case in which a physician has been granted standing when his sole injury arose from the possibility that he might not be paid for performing abortions. It also represents the first time a physician, as opposed to his patient, has been held to be denied equal protection. The court's rationale is examined.…

Analyzes the April 1990 Supreme Court decision that a member of a religion may not challenge, under the First Amendment free exercise clause, a generally applicable criminal law that infringes on a specific religious practice. Discusses political and legal implications for the Native American Church and other minority religions. (SV)

Reviews court decisions related to employment discrimination in higher education. The most significant development was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. (SLD)

Court decisions on educational issues are often based on an interpretation of the due process or equal protection clauses of the Fourteenth Amendment. This paper provides educators with a better understanding of the continuing development of this important amendment. (Author)

This document analyzes different approaches to the goal of equal educational opportunity and discusses the judicial role in achieving it. One approach argues that equal dollars or equal facilities and services must be provided to each pupil. Some people have contended that racially segregated schools deprive minority students of an equal…

The Supreme Court issued an unclear decision in "Wygant v. Jackson Board of Education." The case generated five opinions that do not agree on a single set of legal principles to give needed guidance to public officials. Includes discussion of two other cases relating to affirmative action and hiring practices. (MD)