Courts have been reluctant to fully embrace free exercise or equal protection claims of school choice advocates, but recent rulings may have permanently reversed that trend, potentially compelling governments to provide substantially more resources to parochial schools than ever before. The first section of this article summarizes the origin of…

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…

National Day, or Constitution Day, in Norway, May 17, is often referred to as Children's Day. On this day, thousands of young Norwegian students march in parades and participate in celebrations in schoolyards and similar meeting places. Some students are selected to give speeches, performed in front of family members, neighbors, classmates, and…

This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

Problem Statement: The Constitutions are the main sources of legality for democratic societies. The 1961 and 1982 Constitutions have dominated the last fifty years of Turkey. In this regard, it is essential to examine and comment academically on the way these Constitutions and their amendments address the rights of education, freedom of thought…

This article lays the foundation of American First Amendment jurisprudence in public schools and examines recent cases relating to student Internet speech. Particular emphasis is placed on the ability of schools to regulate student off-campus Internet speech. School authorities who wish to regulate nonthreatening off-campus speech in the…

This synthetic review aims to unite a seemingly disjoint collection of studies over the past 3 decades around their shared examination of sexism in an often overlooked U.S. population, namely girls attending private Christian schools. This undertaking reveals substantial harms that I categorize as those of immediacy and potentiality, which are…

Asserts that from the perspective of America's public institutions of higher education, Blackstone's greatest legacy is his understanding of sovereign immunity. Explores the similarities between Blackstone's understanding of sovereign immunity and the current jurisprudence of the U.S. Supreme Court. (EV)

The Internet is a valuable educational tool being utilized in many classrooms today. However, Internet and computer policies restrict and limit how the Internet and computer can be used in a school. An Internet and computer policy typically limits students to use the Internet and computer for educational purposes. If a student violates this policy…

Reviews the history and current state of the law under Section 1981 of the Civil Rights Act of 1866. Suggests how it may be interpreted to maintain its vitality as a guarantee of racial equality. Considers actionable discrimination claims, protected interests, prima facie evidence, constitutional defenses, immunities, and procedural issues.…

The Constitution empowers Congress to protect the rights of authors. There is disagreement, however, over whether Congress may grant authors a limited monopoly on their works or may regulate authorship by permitting reasonable public access to creative works. The traditional view of expansive pre-publication rights for authors is supported by…

Judicial intervention in educational matters supplements the legislative actions of the Constitution in protecting the rights of children. (LH)