Debate continues over the place of religious expression, including music, in public schools. In "Nurre v. Whitehead" (2009), a high school senior in Washington sued the superintendent for denying the wind ensemble that she was part of the opportunity to perform an instrumental version of "Ave Maria" at her commencement ceremony due to its…

This article discusses the steady stream of litigation that emerged shortly after the Pledge of Allegiance was introduced in 1892. The constitutionality of requiring students to take part in its daily recitation in schools continues to be challenged. Parents who objected to the statute and the words "under God" in the pledge filed suit, alleging…

Charter schools, which are public schools of choice, are typically operated as not-for-profit organizations, essentially functioning as independent districts consisting of single schools, by private groups including parents either independently or occasionally in conjunction with public institutions such as universities. In return for being…

Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…

In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…

Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

In "Elk Grove Unified School District v Newdow" ("Elk Grove"), the Supreme Court, in an 8-0 judgment, with three concurrences, upheld the words "under God" in the Pledge of Allegiance. In light of the uproar caused by "Elk Grove", this article is divided into three parts. After reviewing the history of the Pledge the second section examines the…

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

This article examines Broadley v. Board of Education of the City of Meriden, wherein the Supreme Court of Connecticut held that the state constitutional right to free public education does not grant gifted children special education rights. Implications are discussed and recommendations are offered for informing stakeholders of legal threats to…

Challenges assertion in article by the Alexanders that "Ex Corde Ecclesiae" will increase risk that Catholic institutions of higher education will violate the Establishment Clause. Authors argue that recent Establishment Clause decisions by the U.S. Supreme Court have effectively eliminated the wall of separation between church and…

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

Reviews basis for U.S. Supreme Court's June 2001 decision in "Good News Club v. Milford Central School," where Court held that the Christian religious club for students had the Constitutional right under the Free Speech Clause to use public school facilities after school hours. Explains impact of decision on board of education policy.…

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…