This article looks at various cases of the Supreme Court's most recent term. In contrast to the 2006-2007 term when the Supreme Court was regularly split 5-4, during this last term, the justices have formed surprising coalitions in cases considered highly controversial. For example, it was the so-called liberal bloc's Justice Stevens who wrote the…

At first blush, the Supreme Court's recent decision in "Horne v. Flores" (2009) appears to be about the proper standard for determining when to modify a previous judgment, a topic that would interest only civil procedure geeks. Yet, on closer examination, "Horne" is about giving local and state officials discretion to solve education problems and,…

A case pending in a federal court of appeals in California may clarify a surprisingly murky question: Do faculty members at public universities enjoy a special privilege to speak freely about institutional matters, or, as far as the First Amendment is concerned, are they just another category of government hirelings? Juan Hong, a professor of…

An extensive literature debates the causes and consequences of the desegregation of American schools in the twentieth century. Despite the social importance of desegregation and the magnitude of the literature, we have lacked a comprehensive accounting of the basic facts of school desegregation. This paper uses newly assembled data to document…

From 1998 to 2008, voters in California, Arizona, and Massachusetts passed anti-bilingual education ballot initiatives that required English-only instruction for the vast majority of the states' English language learners. The contentious political discourse leading up to the votes largely ignored the research on best practices for educating…

An extensive literature debates the causes and consequences of the desegregation of American schools in the twentieth century. Despite the social importance of desegregation and the magnitude of the literature, we have lacked a comprehensive accounting of the basic facts of school desegregation. This paper uses newly assembled data to document…

Many college officials have criticized Blackboard Inc. for its patent on its course-management system, arguing that the patent is overly broad and seems to cover the entire concept of online learning. Critics of Blackboard and other companies that have patents on learning technology are welcoming a recent Supreme Court ruling that they hope may…

This article discusses the interpretations of the court's ruling in "Parents Involved in Community Schools v. Seattle School District 1." The decision handed down June 28, the last day of the Supreme Court's term, does not prohibit school districts from voluntarily integrating schools as long as the school district meets certain legal…

Allowing public funds to be used for tuition and other expenses in private schools through a voucher system has been the source of debate in legislative and educational forums for almost half a century, but only recently have school vouchers become a serious school reform strategy. This article provides a brief overview of the voucher plans…

Counselor educators today are faced with a difficult dilemma. They are mandated to dismiss students they judged to be unfit and irremediable, yet they risk legal action whenever executing a student dismissal decision. Their duty to protect the public must be weighed against the liabilities of costly litigation to institutions, programs, and…

Southern Methodist University has released the terms of its agreement with the George W. Bush Presidential Library Foundation to house the president's official library and museum. To some faculty members, the most troubling element of the project is a conservative policy institute that will be affiliated with the library and museum. Unlike similar…

Despite the precedent established in the "University of California Board of Regents v. Bakke," that race may be used as a factor in admissions policies at state institutions of higher education, state and federal court decisions were divided over whether the use of race in admissions decisions was a violation of the Equal Protection…

In December 2005, a Canadian federal court justice dismissed a six-hundred-million-dollar claim by the Samson Cree related to alleged mismanagement of its energy royalties. In newspaper interviews, a lawyer for the Samson Cree expressed disbelief that the justice discounted the testimony of our elders and followed essentially the written word of…

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…

Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…