In this qualitative study, 21 Title IX federal court cases between 2000-2022 were examined. The purpose of this analysis was to explore how the changes in Title IX guidance across President George W. Bush (R), President Barack Obama (D), and President Donald Trump (R) administrations have impacted higher education institutional liability lawsuits.…

In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

In this article, I detail how I revised a social foundations of education course to center major Supreme Court cases relating to K-12 public schools. Scholars in social foundations of education have articulated a vision for the field that fosters and promotes democracy and democratic dispositions. Focusing on the Supreme Court in a social…

Even though special education law is covered in most teacher and administrative certification programs, it is an area that is continually evolving. The results of the 2017 U.S. Supreme Court case "Endrew F. v. Douglas County School District" will have a lasting impact on the future of special education guidelines; the outcomes of this…

In 2017, the Supreme Court ruled on a special education case Endrew F. v. Douglas County School District. In this important case, the High Court addressed the degree of educational benefit necessary for a school district to fulfill the requirements for a free appropriate public education (FAPE) under the Individuals With Disabilities Education Act…

A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

The United States and Brazil have histories of colonization, slavery, and racial inequalities. In addition, both countries have adjudicated cases centered on the use of affirmative action admissions policies in higher education but with differing results. The constitutional court of Brazil, the Supremo Tribunal Federal, ruled universities could…

This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…

This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

Under Federal law, State and local educational agencies (hereinafter "districts") are required to provide all children with equal access to public education at the elementary and secondary level. Thie Dear Colleague letter was written to remind school districts of the Federal obligation to provide equal educational opportunities to all…

On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (ACA). Whatever its merits as a matter of policy, it was a historic legislative achievement. No prior administration had successfully pushed national health reform through Congress, despite several attempts. Understandably, the mood at the act's…