Explores the background of open records acts and discusses the case law that deals with open records litigation against university foundations. Sets forth a summary of selected academic research that has developed on the open records question and suggests several methods of analyzing foundation open records problems. Concludes with recommendations…

Analyzes South Dakota Supreme Court decision reversing school board's dismissal for incompetence of fifth-grade teacher for answering boys' questions about homosexual sex in explicit language. Court held that teacher's singular incident involving indiscreet answers was not sufficient to support charge of incompetence nor was the board policy…

To determine the frequency of reported litigation in higher education, a WESTLAW search of the institutional, employees, and student categories under the topic "Colleges and Universities" was conducted. The institutional cases declined notably in the 1980s while the employee and student cases increased slightly. (MLF)

Analyzes 12 Utah Supreme Court cases. Finds that syllogistic objectivity was prevalent but that dialectical objectivity could be facilitated by legal requirements or judicial involvement. Finds that judicial involvement could be facilitated by publicity, the importance of the legal issue, and/or an appointment system of judge selection. (SR)

A stakeholder-focused approach to the assessment of racial/ethnic bias and gender bias in the Michigan State Court system is presented. The approach ensures that findings are used to improve the court's response to attorneys and litigants. The process should help evaluators work with client groups involved in politically charged issues. (TJH)

During its 1993 session, the Michigan legislature enacted two statutes for the organization and operation of public school academies, Michigan's name for charter schools. A circuit court judge declared the charter schools were unconstitutional. In response, the legislature amended its original enactment. Traces the short but curious history of…

Describes an Illinois case involving the demotion of an elementary school principal with 5 years of experience to a classroom teacher. The former principal sued the district claiming that her state due-process rights were violated. The state court disagreed, entering a summary judgment for the district; later affirmed on appeal. Reviews other…

A libel suit for which the ruling hung on determination of the plaintiffs as public or private figures is described in this paper. First, the paper describes the case, in which an Oregon newspaper reported that an antique dealer and the local bank president had systematically swindled a citizen out of several hundred thousand dollars, and for…

This book explores the 150-year struggle against segregated education, showing how victory over segregation was gained, then lost. It provides court testimonials from 1849, through the victory of NAACP lawyers in Brown v. Board of Education, to the erosion of that decision in recent Supreme Court rulings. The story reveals that this long battle…

The consequences of the 1971 California Supreme Court decision "Serrano vs. Priest," in which the court sought to level disparities in school expenditure, and of the 1978 Proposition 13 property tax limitations are examined. The book concludes that changing the way California finances schools without changing the way it governs them has…

The Supreme Court opinion of June 2002 in "Zelman et al. versus Simmons-Harris et al." is reviewed in this paper. In the first section, an interpretation of the ruling is offered in terms of four evaluative criteria: freedom of choice, productive efficiency, equity, and social cohesion. Unsurprisingly, the opinion strongly emphasized…

A review of the major legal cases concerning the curricular debate over evolution and creationism shows how the courts, in recent cases, have applied fundamental constitutional principles in a way that preserves both intellectual freedom and freedom of belief. (CM)

Notes that although it has been cited in numerous cases, state and federal courts have been reluctant to adopt the neutral reporting doctrine since its announcement in 1977. (FL)

Describes numerous tactics that states have undertaken in order to circumvent the Juvenile Justice and Delinquency Prevention Act, which prohibits the incarceration of status offenders (children who come within juvenile court jurisdiction for noncriminal behavior). Discusses strategies for combatting these tactics. (GC)

While still leaving some questions unanswered, the guidelines provided in the "Weber" case have clearly helped to clarify the legal status of race-conscious employee selection procedures. (Author/IRT)