On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a…

Presently, charter schools exist in 43 states. The Minnesota Legislature first created charter schools in the United States in 1991. As of 2018, there were nearly 7,000 charter schools in 43 states serving over approximately 3 million students. The creation, control, and mission of these schools varies from state to state. This analysis examines…

The 1923 Constitution prepared the legal framework for Egypt's semi-independence from British imperial control under a newly established liberal monarchy. This Constitution carried a promise for a significant change in setting the ground for a nascent national system of mass elementary education for boys and girls that would also be free of charge…

The freedom of conscience and belief can be defined as the freedom of people in what they wish to believe without the compulsion of political power and other people by means of laws and other means. The belief of religion that can be accepted as the natural extension of the freedom of conscience and belief is to be free in doing the requirements…

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…

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…

Ongoing sociolegal conflicts over affirmative action in race-conscious admissions in U.S. higher education have significant modern-day relevance. This article, informed mainly by Asian American women's scholarship, explores discourse in U.S. Supreme Court rulings and oral arguments and how litigation actors continue to recycle this discourse in…

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…

Angry debates about polarizing speakers have roiled college campuses. Conservatives accuse universities of muzzling unpopular opinions, betraying their values of open inquiry; students sympathetic to the left openly advocate against completely unregulated speech, asking for "safe spaces" and protection against visiting speakers and even…

As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

This article is a guided inquiry into past and present uses of war powers. From the Constitutional framers' intent through Thomas Jefferson's adaptation to modern presidents' implementation, students extract meaning from the best available evidence. Evocative primary sources--some of which are contemporaneous to modern readers--and engaging…

Libraries still stand as a source of knowledge that can guide us to make informed decisions through the use of credible sources. A balanced collection that provides access to all points of view empowers a community to use information responsibly and make decisions independently. Intellectual freedom and equity of access are still important issues…

On August 18, 2020, The United States will celebrate the 100th anniversary of the ratification of the 19th Amendment which gave women the vote. Belle La Follette played an important role in helping women gain the right to vote guaranteed in this amendment. She advocated for women in her home state of Wisconsin and across the country. This article…

This hearing of the Committee on Health, Education, Labor, and Pensions explores free speech on college campuses. Following an opening statement by Honorable Lamar Alexander (Chairman, Committee on Health, Education, Labor, and Pensions), the following senators provide statements: (1) Honorable Patty Murray, U.S. Senator from the State of…

This study was designed to explore preservice elementary teacher understanding of The First Amendment and religious freedom in public schools in the Southeastern United States. Participants of the study were 160 preservice elementary teachers enrolled in the teacher preparation programs of 3 universities across 2 states located in a region…