Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court's opinions, these cases may have created avenues for…

In "Carson v. Makin," the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free…

In recent years, the US society has witnessed a sharp growth in political divide, particularly between those holding conservative and liberal views (Pew Research Center, 2014, 2017). Among the multitude of issues that the American people find divisive, the issue on gun regulation has been one of the most controversial ones (Pew Research Center,…

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…

Academic freedom is an oft-invoked buzzword in debates about campus speech and the American university. But how have courts treated legal disputes where faculty members have invoked academic freedom as a potential constitutional interest? And how do faculty themselves conceptualize academic freedom? The similarities and differences between these…

The U.S. Constitution is the most well-known governing document in the country--studied by students, endlessly interpreted and reinterpreted by judges and political pundits, and placed in the category of near-religious reverence by many Americans. In the last 50 years it has been amended exactly once, in a ratification process that took over 200…

In a time when both American democracy and U.S. public schools appear to be in crisis, Derek Black argues that the best way forward is to look to the past at the ideals that the founding fathers espoused in the early years of the nation. Although early U.S. leaders placed a priority on expanding public education, Black explains that these ideals…

The right to basic education of a child is a requirement of human dignity. South Africa, through its new dispensation and conformity with human rights laws, is expected to transform and be consistent with the provision of the Constitution of 1996 that promotes and protects the best interest of the child. However, the current standards in a…

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…

The "IDRA Newsletter" serves as a vehicle for communication with educators, school board members, decision-makers, parents, and the general public concerning the educational needs of all children across the United States. The focus of this issue is "Combatting Classroom Censorship." Contents include: (1) A Wolf in Sheep's…

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 indigenous sub-Saharan African philosophy of "ubuntu" that comes down to the expression: "I am a human being because of being with other human beings", developed over centuries. This philosophy, embodying the notion of deep respect for all human beings, is rooted in a humane inclination towards kindness and sound…

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,…

This dissertation examines the legal literacy of school administrators and the lack of mandated training regarding school law, specific to the First Amendment. With continual changes in education school administrators can function as the change agent for schools through the lens of self-efficacy. This dissertation is organized into three bodies of…

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…