The United States has a lengthy history of welcoming immigrants from throughout the world and ultimately naturalizing and conferring citizenship to them. Yet, a number of indigenous and people of color never consented to citizenship and many still do not wish to have it. This article explores the role of citizenship as a tool to not only…

Social inclusion policy in higher education--also referenced as affirmative action, reservations, schedules, or antidiscrimination--has been used widely to promote equity and access for minority and historically discriminated subgroups who wish to participate in tertiary education. Inclusion is often protected de jure through a country's…

Despite having one of the largest and fastest-growing post-secondary sectors in the world, there has been increasing protest against the lack of academic freedom within HEIs in India in the past decade. This research study carries out a comparative analysis of academic freedom within HEIs in India and the U.S., with a specific focus on how the…

The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…

The paper explores the impact of the continental system exerted on the constitutional and political evolution of both the United States and individual states and tries to characterize the development of constitutional review phenomenon within the framework of the continental legal system and the Anglo-Saxon legal system. The research stands on the…

The coronavirus pandemic has inflicted enormous financial damage on colleges and universities and the cost is still growing. American higher education will undergo an unprecedented financial crisis in the coming months. "Critical Care" is a plan to guide the federal response to these unprecedented disruptions facing higher education in…

Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional…

As society's views of sexual orientation and gender identity have significantly evolved in recent years, school districts across the country are addressing how to create policies that align with the law in this area. One recent issue involves laws and policies focused on transgender students and their right to access restrooms that align with…

2015 marks the 800th anniversary of Magna Carta. For Americans, this iconic document is a formative element of our own legal and political heritage. This "Lessons on the Law" column offers an overview of the "Great Charter," why it is significant, and what students and teachers should know about it. The article also highlights…

Bullying conjures up visions of the traditional schoolyard bully and the subordinate victim. However, bullying is no longer limited to in-person encounter, having come to include cyberbullying, which takes place indirectly over electronic media. In this electronic age, cyber platforms proliferate at an astonishing rate, all attracting the youth in…

This essay discusses Justice Anthony M. Kennedy's choice to foreground arguments from due process rather than equal protection in the majority opinion in Lawrence v. Texas. Kennedy's choice can realize constitutional legal doctrine that is more consistent with radical queer politics than arguments from equal protection. Unlike some recent…

The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…

On December 21, 1911, Fremont Weeks, an employee of the Adams Express Company, was arrested while on the job at Union Station in Kansas City, Missouri. Police suspected that Weeks was selling and "transmitting chances" in a lottery, which at the time was considered gambling, an illegal action in Missouri. While Weeks was being held at…

Last summer, California and Massachusetts became the sixth and seventh states--along with Hawaii, New Mexico, Vermont, Rhode Island, and Maryland--to send a resolution to the U.S. Congress calling for a constitutional amendment to (1) end the court's extension of personhood rights to corporations, and (2) enable the government to definitively…

Central banking in the United States has a long and controversial history dating back to the earliest days of the republic. One of the most widely presented arguments against a central bank has been that the U.S. Constitution does not expressly grant the federal government power to charter a bank. Recently, this issue has received new scrutiny in…