In 2008, Ecuador reformed its Constitution after a prolonged period of economic, social and political crises. The momentary rupturing of power structures, that had limited political participation to small clusters of elites, opened participatory spaces for historically marginalised social groups to engage in the process of constitutional drafting.…

With respect to the rights and duties of citizens to receive an education, as provided under the Constitution and the Education Law of China, academic circles have proposed three interpretations: the combined right and duty viewpoint, the right viewpoint, and the duty viewpoint. Through analysis of the course of the emergence, development, and…

In this article, we analyse the construction of Finnish constitutional bilingualism in the aftermath of gaining independence, a traumatic civil war and during the construction of a new republican polity based on regulated parliamentarism in 1917-1919. We take a multi-sited and historically informed approach to the dynamics of political discourse…

Free speech jurisprudence is caught between crediting the First Amendment rights of students when they resemble adults or restricting such rights when students seemingly act as children. In "Morse v. Frederick" (2007), the Supreme Court ruled against Joseph Frederick and his "Bong Hits 4 Jesus" banner because Frederick's speech…

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

The problem is the widespread practice by many campuses in defining community membership in ways that deny their students the civil liberties and civil rights all other Americans are guaranteed. Thus, when forty-year old veterans enroll for even one part-time course, they may find that First and Fourteenth Amendment rights existing off campus no…

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis…

"Gary B. v. Snyder," a federal class action lawsuit originally filed in September 2016, is one of the most recent and high-profile entrants into the line of cases involving large-scale education reform. In this case, seven students from traditional public schools and charter schools in Detroit sued various Michigan state officials,…

The author identifies different parties who express interest in Religious Education, and who make demands on the nature and content of religious education as it is provided in schools, but focuses only on one of these parties, namely the parents. The author explores the reasons why parents seek to be involved in--or even are legally bound to be…

On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a…

Presently, charter schools exist in 43 states. The Minnesota Legislature first created charter schools in the United States in 1991. As of 2018, there were nearly 7,000 charter schools in 43 states serving over approximately 3 million students. The creation, control, and mission of these schools varies from state to state. This analysis examines…

Despite having one of the largest and fastest-growing post-secondary sectors in the world, there has been increasing protest against the lack of academic freedom within HEIs in India in the past decade. This research study carries out a comparative analysis of academic freedom within HEIs in India and the U.S., with a specific focus on how the…

Ongoing sociolegal conflicts over affirmative action in race-conscious admissions in U.S. higher education have significant modern-day relevance. This article, informed mainly by Asian American women's scholarship, explores discourse in U.S. Supreme Court rulings and oral arguments and how litigation actors continue to recycle this discourse in…

Angry debates about polarizing speakers have roiled college campuses. Conservatives accuse universities of muzzling unpopular opinions, betraying their values of open inquiry; students sympathetic to the left openly advocate against completely unregulated speech, asking for "safe spaces" and protection against visiting speakers and even…

This article is a guided inquiry into past and present uses of war powers. From the Constitutional framers' intent through Thomas Jefferson's adaptation to modern presidents' implementation, students extract meaning from the best available evidence. Evocative primary sources--some of which are contemporaneous to modern readers--and engaging…