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Paulsen, Monrad G.; And Others – Virginia Law Review, 1974
Presents a symposium on the case of reverse racial discrimination debated in Defunis v. Odegaard. Articles include: Racial Preference and Higher Education: The Larger Context; Affirmative Action and Equal Protection; and Constitutional Limitations on Admissions Procedures and Standards. (PG)
Descriptors: Academic Standards, Admission (School), Admission Criteria, Affirmative Action
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Duke Law Journal, 1973
Discusses the suit of an unsuccessful white applicant to a state university who discovers that black candidates with lower test scores and grades are being accepted for the entering class for which he has been rejected. His suit against the university alleges a denial of equal protection, contending he was denied admission because of his race.…
Descriptors: Admission (School), Admission Criteria, Court Litigation, Equal Protection
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Hansen, Joy E. – University of Colorado Law Review, 1979
The DiLeo v Board of Regents of the University of Colorado decision which dismissed an equal protection challenge to a preferential admission program of the University of Colorado School of Law is discussed. Whether the decision is in accord with the general law of standing and alternative remedies is examined. (MLW)
Descriptors: Admission (School), Affirmative Action, Court Litigation, Equal Protection
Peer reviewed Peer reviewed
Lavinsky, Larry M. – Columbia Law Review, 1975
Based on the question of whether racial preference and quotas to advance the educational opportunities of certain racial and ethnic minorities are compatible with the equal protection clause of the Fourteenth Amendment, a case against reference to race is presented in light of the DeFunis v. Odegaard case. (JT)
Descriptors: Admission Criteria, Competitive Selection, Constitutional Law, Equal Protection
Jones, Thomas N. – 1981
Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…
Descriptors: Court Litigation, Due Process, Equal Protection, Graduation Requirements
Smith, Barbara Lee – Journal of Afro-American Issues, 1976
This overview raises several questions regarding critical issues that surround the process of commitment and treatment in the mental health facilities, and concludes that while it can be expected that black people will receive adequate treatment and facilities, equal legal rights, treatments and facilities for black, people is needed. (Author/JM)
Descriptors: Blacks, Clinical Diagnosis, Equal Protection, Legal Problems
Peer reviewed Peer reviewed
Mahon, J. Patrick – NASSP Bulletin, 1980
Competency-based education programs could raise three kinds of legal issues: claims under the due process clause, claims of discrimination under the equal protection clause, and claims of negligence. (Author/JM)
Descriptors: Competency Based Education, Due Process, Elementary Secondary Education, Equal Protection
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
Supreme Court of the U. S., Washington, DC. – 1976
This document reports the U.S. Supreme Court Opinion on a class action seeking to reverse the exclusion of Negro children from private schools. Title 42, U.S.C. Section 1981, provides in part that "all persons within the jurisdiction of the U.S. shall have the same right in every state...to make and enforce contracts...as is enjoyed by white…
Descriptors: Admission (School), Civil Rights, Constitutional History, Desegregation Litigation
Oakes, Jeannie – 1981
The purpose of this paper is to examine, from a Constitutional perspective, the bases on which ability grouping and tracking might be challenged as barriers to equal educational opportunity. Findings from educational research on ability grouping, commentary from law review journals, and the texts of cases themselves are included as a part of the…
Descriptors: Ability Grouping, Classification, Constitutional Law, Court Litigation
Tractenberg, Paul L.; Kahn, Laura – 1979
Legal issues of minimum competency testing derive from federal and state constitutional, statutory, and regulatory provisions, and from common law. Constitutional provisions for equal protection, due process, and freedom of belief and privacy, are primarily federal; education provisions are state mandated. Only four court cases have directly…
Descriptors: Constitutional Law, Court Litigation, Discriminatory Legislation, Due Process