A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half…

College students who reside in campus dormitories at public universities have a reasonable expectation of privacy in their dorm rooms that is protected by the fourth amendment; and officials cannot search these rooms for law enforcement purposes without a valid warrant. Non-students, however, have no such reasonable expectation of privacy in…

Students get a valuable opportunity to debate the significance and purpose of Miranda rights by examining the Supreme Court case that led to the warning that police routinely issue.

This article provides an overview of non-religion-based state constitutional challenges to educational voucher and tax credit/scholarship programs. The first section discusses litigation examining whether education voucher programs violate constitutional provisions requiring the legislature to provide an efficient system of public schools. The…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Though school choice has proven to be popular, barriers remain in some states as a result of so-called Blaine Amendments and similar policies to prevent education funding from following students to religious schools as a part of school choice options. If left to stand, these ignoble 19th century amendments will remain major impediments to the…

After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the state's…

The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…

Tim Keller's article insightfully explores the flawed legal reasoning behind and potentially pernicious consequences of the Arizona Supreme Court's 2009 "Cain vs. Horne" ruling. He carefully examines the two fundamental flaws in the court's interpretative methodology: a failure to engage in a straightforward textual analysis of Arizona's…

In the midst of an attempt by Arizona's legislature and top education official to shut down ethnic-studies courses in the Tucson Unified School District, students at Tucson High Magnet School are flocking to the courses this school year. School district officials say enrollment in Mexican-American studies in Tucson Unified's 14 high schools has…

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…

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…

Background:This study grew out of a recent Supreme Court case known as "Horne v Flores." The case began in 1992 in Nogales, Arizona when a 4th grade English learner (EL), Miriam Flores, sued the district and the state for failing to provide her (and other EL students) with an appropriate education as guaranteed by the Equal Educational…

Examines the legal anomaly of American Indian voters on reservations, who vote in state and local elections while claiming immunity from jurisdiction or citizen responsibilities. Reviews Constitutional history relevant to Indian voting rights, and two Arizona cases of attempts to dilute Indian voting strength by gerrymandering voting districts.…

Reviews history of Arizona Indian voting rights. Details current dispute over voting rights in Apache County (Arizona). Explores three unanswered questions in light of current constitutional interpretation. Stresses solution to political disputes will require climate of mutual trust, awareness of constitutional rights/obligations of all concerned,…