Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

The First Amendment does not protect a bully when it comes to vulgar or intimidating language. When the language or behavior interferes with another student's educational opportunities--whether it is done inside or outside of school--it is not protected by freedom of speech or expression, and it should be addressed by school officials.…

The Supreme Court determined that Title VII of the Civil Rights Act provided an exception for religious organizations from the prohibition against religious discrimination. However, the opinion does not address the issue of religiously oriented educational institutions. Two recent cases involving Marquette University in the Seventh Circuit are…

Reviews judicial decisions involving school staff evaluation systems. Courts remain reluctant to interfere with the summative evaluation process of a school district. Administrators must apply reasoned, ascertainable standards in employment decisions in order to withstand judicial scrutiny amid the array of legal constraints on the evaluation of…