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Lewy, Guenter – American Council of Trustees and Alumni, 2018
Freedom of expression is imperiled on today's college campuses. Citizens and educators alike are concerned about the number of shout-downs and disinvitations and their silencing effect on intellectual diversity. The use of speech codes, "safe spaces," new rules demanding "trigger warnings," and condemning…
Descriptors: Higher Education, Ideology, Educational Philosophy, Freedom of Speech
Horn, Catherine L.; Marin, Patricia; Garces, Liliana M.; Miksch, Karen; Yun, John T. – Educational Policy, 2020
Different from more traditional policy-making avenues, the courts provide an antipolitical arena that does not require broad agreement from various constituents for policy enactment. Seeking to guide court decisions on these policy issues, individuals and organizations have filed "amicus" briefs that increasingly include social science…
Descriptors: Educational Policy, Policy Formation, Court Litigation, Social Science Research
The Right to Inclusive Education of Persons with Disabilities in Italy. Reflections and Perspectives
Carnovali, Sara – Athens Journal of Education, 2017
The paper aims to examine in detail the level of implementation of the right to inclusive education of persons with disabilities stipulated in the Italian legal system, with a particular focus on the Constitution and on the principles stated by the Italian Constitutional Court's case law. The right to education of persons with disabilities is…
Descriptors: Foreign Countries, Students with Disabilities, Student Rights, Inclusion
Murphy, Tonia Hap – Journal of Legal Studies Education, 2018
This article seeks to persuade professors that constitutional law topics are worthy of coverage, as it is the job of legal educators to not just to prepare students for their professional roles but also their roles as citizens. Several authors have taken up constitutional law topics in these pages. This article contributes to the literature, and…
Descriptors: Civics, Citizenship Education, Introductory Courses, Business Administration Education
Ogletree, Charles J., Jr.; Robinson, Kimberly Jenkins; Lindseth, Alfred A.; Testani, Rocco E.; Peifer, Lee A. – Education Next, 2017
Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…
Descriptors: Federal Legislation, Government Role, Constitutional Law, Court Litigation
Spencer, Thomas; Scott, James – Research Management Review, 2017
As research administrators look to define their roles as professionals, the need to address perceived administrative burden becomes a valuable next step in improving research administration. A qualitative investigation into the causes of the perceived burden identifies local variability of research administration as regulatory burden for those…
Descriptors: Research Administration, Administrators, Qualitative Research, Researchers
Skelton, Ann – Open Society Justice Initiative, 2017
Children's right to education is key to unlocking global human and economic development. The right is protected by multiple human rights norms and treaties, but inadequate state spending and discrimination prevent millions from going to school, while keeping others trapped in substandard schools without textbooks, adequately trained teachers,…
Descriptors: Equal Education, Access to Education, Educational Quality, Court Litigation
Holland, Brooks – Social Education, 2016
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.
Descriptors: Civil Rights, Court Litigation, Criminal Law, Law Related Education
Carpenter, Dick M., II.; Erickson, Angela C. – Institute for Justice, 2016
In 2008, Georgia launched a tax-credit scholarship program to expand educational opportunities for the state's pre-K through 12th-grade students by providing them scholarships to attend private schools. Georgia's scholarship tax credit program will help over 13,000 children get the best education for their needs at secular and religious private…
Descriptors: Scholarships, Tax Credits, State Programs, Private Schools
Chmara, Theresa – Knowledge Quest, 2015
Courts have held that minors have First Amendment rights and that those rights include the right to receive information. However, how does that apply in the school setting? The First Amendment prohibits governmental entities from unconstitutionally infringing rights of free speech. Students in public schools, therefore, do have rights under the…
Descriptors: Constitutional Law, Religion, Freedom of Speech, Court Litigation
Donnor, Jamel K. – Peabody Journal of Education, 2018
In this paper, I examine the use of litigation as a strategic tool of resistance for thwarting school desegregation. Utilizing "Cowan v. Bolivar County Board of Education" as a case study, I argue that, despite losing the constitutional right to racially segregate public schools according to an explicit white supremacist doctrine, whites…
Descriptors: School Desegregation, Resistance to Change, Court Litigation, Constitutional Law
Green, Preston C., III – Peabody Journal of Education, 2016
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…
Descriptors: Educational Vouchers, Tax Credits, Constitutional Law, Court Litigation
Morse, Andrew Q. – NASPA - Student Affairs Administrators in Higher Education, 2018
Following numerous high-profile incidents involving provocative speakers and organizations on college and university campuses, student affairs leaders are revisiting free speech policies and practices to ensure alignment with the First Amendment. Student affairs educators are also exercising care and precaution to maintain the integrity of their…
Descriptors: Freedom of Speech, Constitutional Law, Inclusion, Educational Policy
Matthew, Kathryn I.; Kajs, Lawrence; Matthew, Millard E. – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2017
Disruptive students potentially pose significant problems for campus administrators as they strive to maintain a safe campus environment conducive to learning while not violating the legal rights of the students. Maintaining a safe campus is important because increasing numbers of students with mental and cognitive disorders are enrolling in…
Descriptors: Student Rights, School Safety, Court Litigation, Freedom of Speech
Garces, Liliana M. – Educational Researcher, 2015
For the second time in three years, the Supreme Court is reviewing the constitutionality of a race-conscious admissions policy at the University of Texas, Austin. While the case, "Fisher v. University of Texas," raises questions specific to UT Austin, the Court's second review could change the ways higher education institutions across…
Descriptors: Court Litigation, Judges, Affirmative Action, College Admission