For students of history, the acrimonious and contentious 1876 presidential canvass came to mind during the 2000 election imbroglio. Democrat Samuel J. Tilden won the popular vote, but to the dismay of outraged Democrats, an electoral commission of eight Republicans and seven Democrats decided along strict party lines to give twenty disputed…

Federal constitutional law currently permits choice programs that include religious schools only if they provide parents with "genuine and independent choice"; as the leading federal case demonstrates, whether this test is satisfied is an interesting and difficult empirical question. State doctrine regarding establishment of religion can be…

School leaders attest to educational and social benefits from diversity. They argue that local housing patterns historically tend to separate families of different races and may lead to schools that are racially homogeneous if the districts do not counter them with assignment policies that consider race. This article discusses race in education…

On May 17, 2004, Massachusetts became the first state to legalize same-gender marriage. From California to Missouri, nearly all states now face legislative challenges to the once firmly entrenched notion that marriage can only exist between a man and a woman. Public opinion polls conducted from 1977 to 2004 found that Americans' attitudes toward…

The University of Colorado's Ward Churchill is but the latest in a long line of professors whose volatile statements have created controversy for themselves and their universities. Specific personnel matters in the case have been meticulously addressed in Boulder, but several larger questions have been curiously neglected. One might well ask, for…

Outlines the confusion arising when public colleges invoke a constitutional shield when they are accused of pirating software. Some state institutions claim immunity under the 11th Amendment from prosecution for infringement of intellectual property. (SLD)

This report, for the first time ever, provides a state-by-state breakdown of the key elements a policymaker needs in order to understand the legal environment for school choice in any given state--and to craft appropriate legislation to expand educational opportunity. This guide is intended to arm policymakers and advocates with the essential…

This article reports on two Mideast-themed schools which have attracted fierce controversy amplified in the news media and the blogosphere. A new public school with a focus on Arabic language and culture is set to open in New York City this week, after being assailed for months by opponents who claim it will be a taxpayer-funded Islamic school…

Part one of this trilogy of policy briefs explains the challenge facing Texas in funding public education. This policy brief explains why a Texas-style personal income tax is the best way to meet the needs of Texas. Only a personal income tax can significantly reduce reliance on property taxes--cutting the school operations tax from $1.50 to…

Florida's voucher program for students in the lowest-rated public schools is unconstitutional, the state supreme court ruled early January 2006 in a 5-2 decision that friends and foes of private school choice are scrutinizing for its potential impact on voucher debates nationwide. Chief Justice Barbara J. Pariente of the Florida Supreme Court…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

Examines issues related to copyright and how they affect the creation, protection, and distribution of multimedia materials. Topics discussed include a definition of copyright, the relevance of copyright, the concept of fair use, derivative and collective works, copyright and constitutional law, and information guides to copyright issues. (10…

Discusses the state of children's rights in the United States in the wake of U.S. Senate refusal to ratify the U.N. Convention on the Rights of the Child. Examines the discrepancy between the U.S. leadership role in human rights and child advocacy and the legal system's treatment of children strictly according to law. (JPB)

The Fourth Amendment to the US Constitution provides protection of all citizens against unreasonable search and seizure. The US Supreme Court has affirmed that the basic purpose of the Fourth Amendment is to safeguard the privacy and security of individuals against unreasonable intrusive searches by governmental officials. Since students possess…

An academic leader needs to have a basic understanding of the relevant constitutional and statutory provisions, evolving laws, and legal issues affecting higher education and the relationship between legal considerations and academic administration. At the same time, an academic leader must focus on accomplishing the goals, objectives, and…