This paper compares two modern sanctuary institutions primarily construed for undocumented peoples in the U.S.; Christian-based church sanctuaries, and public-school districts that have declared themselves as 'sanctuaries.' Through examination of 10 church sanctuary resolutions and 10 school district resolutions from across the country, the study…

Due Process is the right to fair and objective process in judicial matters. This is a right recognized in the 5th and 14th amendments of the United States Constitution, which provides that no one should be "be deprived of life, liberty, or property, without due process of law." In campus judicial proceedings, institutions should rely on…

The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…

Residential communities are a critical component of many students' experience on a college campus, especially during their first year. Residential communities have been associated with a variety of positive outcomes, including persistence, openness to diversity, satisfaction, critical thinking, and personal development (Astin, 1977 & 1993;…

The federal government has been heavily involved in education since the mid-1960s, intervening in everything from early childhood education to graduate schooling. This paper lays out the principles that should govern federal involvement in seven specific areas and briefly examines the effects of Washington's policies. The areas are elementary and…

Due to the value of personal rights and freedoms, along with the associated questions and continuing problems, the issue of "civil rights" continues to be relevant in the twenty-first century. In the United States, the civil rights of disenfranchised people are adversely affected by various social, regional, and federal policies.…

A parent's immigration status influences how a child grows up. That basic finding is grounded in the broad mainstream of current research on childhood development, which has concluded that parental factors can be powerful determinants of their offspring's well being all the way into adulthood. As this report shows, a parent's immigration status…

Good research does not mean good policy, but policy or legal conclusions that rely on false assumptions are certain to be bad. When the rights of U.S. students of color are at stake, the Supreme Courts need the best research findings the country can offer. The U.S. Constitution contains sweeping and undefined terms. Reaching a conclusion about the…

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

When the Texas state legislature passed a law in the 1970s allowing school districts to deny enrollment or charge tuition to illegal immigrant children, the Tyler Independent School District instituted a $1,000 tuition rate for illegal immigrant children. Sixteen undocumented children from four Mexican families in Tyler filed a class-action suit…

Group decision-making can result in important benefits for organizational effectiveness. However, collaborative environments do not emerge organically. Effective leadership is critical for group success. Educational leaders must understand group processes and the importance of creating a culture that supports collaboration. Student discipline for…

In this article, the author provides a detailed legal history of originalism and investigates whether, and to what extent, originalism is a part of law school teaching on the Constitution. He shares the results of an examination of the leading constitutional law textbooks used in the top fifty law schools and a selection of responses gathered from…

The federal government's role in PreK-12 education has long been contentious and continues to evolve. Many have written about education governance, but few have attempted to define an appropriate role for the federal government. That is the core purpose of this essay. The authors articulate a set of principles to guide the federal role in…