This dissertation sought to determine if federal-level, post-secondary student freedom of expression case law was developing in a similar path to that at the K-12 level of education. It also investigated the ways in which a K-12, highly speech-restrictive legal standard arising from the K-12 case "Hazelwood v. Kuhlmeier" has been…

As the 2006 Supreme Court decision in "Garcetti v. Ceballos" continues to reverberate in academe, the best way for faculty members to defend their academic freedom is not through the courts but through clear university policies. A promising alternative to the First Amendment approach is to follow the example of private universities in…

The University of California became a "public trust" in 1879 as part of a larger revision of California's Constitution approved by California voters. The University henceforth gained the exclusive power to operate, control, and administer the University of California, becoming virtually a fourth branch of state government, a…

"Pin-the-Tail-on-the-Constitution" is an engaged-learning activity that has been conducted in 26 classes over the past four years. The activity teaches multiple themes commonly included in a variety of courses on American politics such as federalism, congressional powers, the role of the federal courts, and the relevance of the commerce…

In light of increasing mandates to incorporate close reading of primary source historical documents at the elementary level, this study explored the reading difficulty level of the US Constitution with preservice elementary teachers using a traditional cloze assessment procedure. While best practice pedagogy of social studies has long included…

The central feature of Athenian citizens' rights, that is, people's participation in government, is also enshrined in the South African Constitution. This article argues for the Athenian style of participatory democracy as a viable model of participation in governing South African schools. The author claims that "people's education",…

Growing litigation between the National Collegiate Athletic Association (NCAA), its member institutions, and student athletes has caused concern for both student athletes and colleges and universities. This qualitative research utilized a legal-historical, document-based method of inquiry. The research analyzed cases between 1953-2012 involving…

In this article, the author provides a detailed legal history of originalism and investigates whether, and to what extent, originalism is a part of law school teaching on the Constitution. He shares the results of an examination of the leading constitutional law textbooks used in the top fifty law schools and a selection of responses gathered from…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

There is probably no one who doubts that education is a top-priority interest of the state. The future of the Russian Federation and its economic and legal stability depend on the level of development of the system of education. The right to an education is one of the most fundamental and essential constitutional rights of the citizens of the…

In the early 1980s, the University of Notre Dame Law School's Center for Constitutional Studies surveyed 801 religiously affiliated colleges to determine which federal laws and regulations had a "serious potential" of interfering with the character and mission of the schools. From the 226 responses, the Center identified 11 issues, three…

Rather than anticipating an issue or proactively addressing it, college and university administrators often find themselves in the position of reacting to recent laws or court decisions. This paper examines an issue ripe for proactive thought; an issue not yet directly considered in court cases: free speech and the student employee. In the…

The purpose of this paper is to provide student affairs professionals with an overview of the law regarding the constitutionality of expenditure limits in student government elections. Unlike campaigns for federal and state office, it is clear that the limited case law on this topic does allow universities to limit the amount of money that student…

"Proceedings of International Conference on Research in Education and Science" includes full papers presented at the International Conference on Research in Education and Science (ICRES) which took place on March 24-27, 2022 in Antalya, Turkey. The aim of the conference is to offer opportunities to share ideas, to discuss theoretical and…

America's colleges and universities are supposed to be strongholds of classically liberal ideals, including the protection of individual rights and openness to debate and inquiry. Too often, this is not the case. Across the country, universities deny students and faculty their fundamental rights to freedom of speech and expression. The report…