In this article, we provide an overview of the overturning of Roe v. Wade and consider its implications for communication classrooms in higher education. We assert that we as communication educators have a moral imperative to consider the role of intersectionality and reproductive justice in our teaching philosophies and implementation, and to do…

When the government chooses to cooperate with private organizations to provide public services, the Supreme Court has made clear that the First Amendment prohibits religious discrimination. Three cases--"Trinity Lutheran Church of Columbia, Inc. v. Comer" (2017), "Espinoza v. Montana Department of Revenue" (2020), and…

Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…

Business law and legal environment textbooks typically devote a page or two to the tort of invasion of privacy, describing the four versions of this tort, including "appropriation of identity." The Clarkson textbook notes that "An individual's right to privacy normally includes the right to the exclusive use of her or his…

The authors feel there is a need of a new and different kind of classroom conversation about free speech--one that not only considers the legal and aspirational dimensions but also weighs the practice and impact of speech in daily life. Two factors make this new conversation particularly urgent. First, the avalanche of social media communication,…

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…

Students get a valuable opportunity to debate the significance and purpose of Miranda rights by examining the Supreme Court case that led to the warning that police routinely issue.

This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…

This report argues that the Michigan state constitution's "Blaine Amendment," a provision which prevents parents from drawing on state funding to go outside the public school system, is superseded by the United States Supreme Court's 2020 ruling in the case Espinoza v. Montana Department of Revenue. The report discusses a legislative…

The Articles of Confederation were adopted by the Second Continental Congress in 1777 and went into effect in 1781. They were soon found inadequate for smooth governmental operations, particularly as they related to the functioning of the federal government. As a result, a Constitutional Convention met in Philadelphia from May 25 to September 17,…

Freedom of association is a fundamental right guaranteed by the first amendment. This encompasses the right of individuals to voluntarily join and leave groups, as well as the right of individuals to form groups to pursue common interests. This right makes it possible for people with diverse opinions to live peacefully in pluralistic communities…

Modern people work in massive factories or offices for remotely managed corporations and need protection in their capacity as employees. Instead of locally made or distributed products, they buy mass market goods manufactured hundreds or thousands of miles away and need protection in their capacity as consumers. And as industrial production…

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…

Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

In June 2022, the U.S. Supreme Court held in "Carson v. Makin" that Maine violated the Free Exercise Clause of the First Amendment by excluding religious schools from a private-school-choice program--colloquially known as "town tuitioning"--for students in school districts without public high schools. Writing for the majority,…