The case of "Pellham v. Let's Go Tubing, Inc." (2017) is the result of the plaintiff striking a fallen log in the river after he fell off an inner tube he had rented from the defendants. The plaintiff sustained a ruptured eardrum, lower-disk problems in his back, a radiating foot pain, and eventually a neck fusion. The plaintiff alleged…

When does the establishment clause end and the free exercise clause begin for public school coaches? As public officials, sport coaches are subject to constitutional restrictions prohibiting the endorsement of religion, which may in turn infringe upon their rights as private citizens. In the case of Joseph A. Kennedy v. Bremerton School District…

This article provides a brief history of undocumented students and higher education, from the landmark case of "Plyler v. Doe" to the examination of Deferred Action for Childhood Arrivals. As lawmakers engage in debate regarding undocumented immigrants, states have attempted to provide educational clarity. In addition, academic…

After five decades advocating for school finance reform, Education Law Center (ELC) sees the urgent need to deepen understanding of how differing strategies--from litigation to research to grassroots organizing to communicating with the public--can combine to achieve successful school funding reform in the states. In "From Courthouse to…

Monetary sanctions, also known as legal financial obligations (LFOs), are a highly consequential yet underexplored element of the criminal legal system. LFOs consist of fines, fees, costs, restitution, surcharges, and other financial penalties that are imposed on individuals when they encounter the criminal legal system. Drawing on data from a…

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

With the 1982 Supreme Court decision in the case of Plyler v. Doe, K-12 students, regardless of their immigration status, were able to access a free public school education without the threat of deportation. However, such clarity has not been the case for undocumented students pursuing higher education. As increasing numbers of undocumented…

The National Alliance for Public Charter Schools is the leading national nonprofit organization committed to advancing the charter school movement. This 2018 annual report shares many of the accomplishments achieved by the National Alliance for Public Charter Schools for the year, including securing a record $440 million in funding for the federal…

Secretary of Education, Betsy DeVos wants to privatize American education using charter schools, vouchers, tax credit scholarships, education savings accounts, and portable federal funds. Court and legislative decisions are facilitating these ends. Understanding the school choice agenda and its fiscal, academic, and legal aspects can help…

The catastrophic consequences associated with the mismanagement of concussions can threaten the health and well-being of student-athletes. The primary purpose of this article is to increase awareness of concussions and provide stakeholders--parents, coaches and athletic trainers--with an appropriate framework for concussion care at every level of…

In its stunning and far-reaching decision in the "Pacific Lutheran University" case (12/16/14), the National Labor Relations Board (NLRB) opened the door to union organizing among faculty at thousands of private-sector institutions, both secular and religious. The question before the NLRB was whether a local of the Service Employees…

This article considers the impact of the "Lau v. Nichols" Supreme Court decision on the education of English learners in Washington State, US In particular, we focus on the most popular educational program in the state, Sheltered English Instruction. We first examine how intertextual links to various policy texts and discourses shape…

This article reviews several recent court cases at the federal and state levels related to school choice initiatives in the United States. Through this review, the article sheds light on the enduring question of whether these programs are unlawful bonds between church and state. The review includes details about choice programs that exist (or have…

Over 600 higher education institutions have been identified as alleged diploma mills by governmental authorities based on criteria set forth in U.S. federal law. The characteristics of religious colleges exempt from State oversight varied based on each States' higher education legislation and implementing policy. The U.S. Constitution was the core…

Conservative governors and legislators across America are angry at the third branch of government. Some of these lawmakers are pushing legislation that could throw judges off the bench, while others are pushing to limit judicial authority. In one state, a governor unilaterally removed a justice of the state supreme court. Another Republican…