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)

In "Clark v Whiting," a federal appeals court affirmed the district court's dismissal of a biology teacher's suit contending that he was denied due process and equal protection in being refused promotion to full professor. (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 debate over special programs for the gifted must not obscure the basic questions: To whom will the gifts be delivered? How much emphasis are we willing to place on equality of opportunity for all children? (Author/IRT)

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)

The Supreme Court of Tennessee, in "Tennessee Small School Systems, Inc. v. McWherter," declared that Tennessee's method of financing its public schools violated the state constitution. The court's mode of analysis relies on the state equal protection clause rather than the state education clause. Examines implications for school finance…

Explores whether the state university student confronted with double prosecution (university disciplinary proceedings and state or municipal criminal proceedings) has any constitutional basis for claiming the applicability of double jeopardy protection of the Fifth Amendment as a bar to a second prosecution. Concludes that the issue is not…

Points out an emerging confluence of apparently unrelated forces that eventually may join in a serious threat to the practice of selective admissions. Focuses on several paragraphs in the recent Newman Report on graduate education; the ruling in DeFunis vs Odegaard, a case decided by the Washington State Supreme Court; and certain provisions of…

Discusses the effects of the recent United States Supreme Court case dealing with special criteria for admitting minority applicants to schools. (JF)

Investigations into the legal validity of the content and procedures proposed in the Teacher Performance Assessment Instruments (TPAI) and allied materials for use in certifying Georgia's beginning teachers are reported. TPAI was designed to determine how well teachers can demonstrate certain minimum teaching skills considered essential to…

PRESENTED WERE ANSWERS TO QUESTIONS THAT AROSE WHEN THE SUPREME COURT MADE THE DECISION ON THE INTEGRATION OF SCHOOLS. THE DECISION APPLIED TO ALL STATE-SUPPORTED EDUCATIONAL INSTITUTIONS. THE AUTHORITY OF STATE LAWS WAS QUESTIONED, BUT NO STATE LAW REQUIRING OR PERMITTING SEGREGATION IN PUBLIC SCHOOLS WAS NOW VALID. THE RESPONSIBILITY FOR…

The legal problems faced by publishers of alternative newspapers are often compounded by the limited availability of the funds they have either for legal defense or for initiating lawsuits. Although both the courts and journalism's professional associations theoretically support the position that the alternative press possesses rights identical to…

The dilemma of disciplinary discretion is that on the one hand it avoids discrimination by allowing individualized treatment, but on the other hand it invites discrimination by leaving it up to the adiministrator to determine what discipline shall be imposed for what offense. The law imposes very few and easily met restraints. To ensure that…

Federal laws and regulations designed to assure equal employment opportunities have only recently been applied to faculty employment, but they have rapidly become an important issue in higher education. The goal of true equal employment opportunity has been pursued in court cases and legislation for many years, principally in the industrial…