Due to their original intent, collateral consequences, such as felon voting restrictions, are still held to be civil in nature, but increasing evidence shows that over time their results have become punitive. Since felon disenfranchisement occurs as a collateral consequence once an individual has been convicted of a felony it arguably qualifies as…

There seems to be an unwritten agreement among most Americans that there are three topics that are best avoided in polite company: (1) politics; (2) personal finances; and (3) religion. The American reluctance to discuss religion with acquaintances at a dinner party or picnic may be a part of a larger phenomenon: a manifestation of the secularism…

Background/Context: The Supreme Court's June 2007 decision on the Parents Involved in Community Schools v. Seattle School District No. 1 (PICS) provides an important context for school districts and educational policy makers as they consider the role of race in school assignment. The PICS decision has been described as essentially…

Due to the historical arrangement between Church and State, the Irish State has always discharged its duty to provide for free primary education exclusively through the provision of funding to privately owned and managed schools. Consequently, in "O'Keeffe" v. "Hickey," where a woman sued the State in respect of sex abuse she…

In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…

When looking at independent schools, the Netherlands is often mentioned as a prime example of school autonomy. Rooted in the constitution, the Dutch education system is build upon a combination of public funding and private operation. After almost a century of independent schools, the Dutch Government adopted a law recently which enables…

This article examines the failure of school districts to distribute nonmoney resources--controlled primarily by the board of education--equally among students in affluent neighborhoods versus low-income areas. It is largely an urban phenomenon, although some county-wide and large suburban school systems display similar patterns. Such practices…

The 2008 presidential campaign has, by all accounts, been extraordinary. Record numbers of voters expressed their views in historic primaries, and citizens across the country have been invigorated by debate about what policies and which politician will be best for this country. Equally noteworthy is the fact that young people have not been absent…

In Canada, education is generally referred to as being the exclusive constitutional responsibility of the provinces and territories. However, the federal government has a constitutional responsibility. This responsibility comes from the Constitution Act 1982 and Treaties 1-11 between the Crown (i.e., The Government of Canada) and First Nations…

This study examined the extent to which Texas school boards of education made efforts to locally modify student speech policy. Using online policy manuals provided by the Texas Association of School Boards, speech policies for 91 school districts were gathered using a purposive stratified sampling procedure and examined for local modifications to…

Since the "Tinker" decision, the Supreme Court has maintained that student First Amendment rights are modified by the "special characteristics of the school environment." The nature of these characteristics, however, has not been adequately investigated. The author proposes seven characteristics of schools that are relevant to…

The main focus of this paper is on the triangulated work of the 1996 South African Constitution, the Pan South African Language Board (PanSALB), and one of the latter's eleven language subsidiaries: the English National Language Body (ENLB), with special reference to the ENLB's likewise triadic projects on literature; on variation and…

In response to the terrorist attacks of 9/11, the USA PATRIOT Act greatly expanded the ability of the Federal Bureau of Investigation to use National Security Letters (NSLs) in investigations and the contexts in which they could be used by relaxing the standards under which NSLs could be employed. NSLs allow investigators to acquire a significant…

This report outlines the case for an education amendment to the US Constitution to reduce radical disparities in the allocation of resources and funds for the education of the nation's public school students. The report argues that an education amendment is the best way to fundamentally reform the "structural arrangements" that are…

The necessity of immunity of parliament and its Members has led to determine and assure particular privilege in the Constitutions or ordinary laws in the great majority of countries. This legal institution is to provide freedom of speech and to maintain the independence of representatives in the exercise of their duties without undue interference…