This essay discusses Justice Anthony M. Kennedy's choice to foreground arguments from due process rather than equal protection in the majority opinion in Lawrence v. Texas. Kennedy's choice can realize constitutional legal doctrine that is more consistent with radical queer politics than arguments from equal protection. Unlike some recent…

The purpose of this research is to examine court cases about adverse employment actions against public educators for insubordination, in an effort to understand what courts consider to be "insubordination." This study represents qualitative document-based research that was based upon the analysis of case law. The research sources were…

After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the state's…

As the 2006 Supreme Court decision in "Garcetti v. Ceballos" continues to reverberate in academe, the best way for faculty members to defend their academic freedom is not through the courts but through clear university policies. A promising alternative to the First Amendment approach is to follow the example of private universities in…

Public schools are full of incidents that fill newspapers, but when a private school is struck with instances of libel, child abuse, and violations of Title IX, the community is at a loss as to what to do.

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

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…

Group decision-making can result in important benefits for organizational effectiveness. However, collaborative environments do not emerge organically. Effective leadership is critical for group success. Educational leaders must understand group processes and the importance of creating a culture that supports collaboration. Student discipline for…

Principals have acknowledged the challenges with remaining current on issues in the law. A unique challenge for principals is the intersection of students' First Amendment rights in the school context and the legal issues surrounding student-created webpages. Using a randomly selected sample of Ohio high school secondary principals, I investigated…

School districts are facing a sensationalized and alarming trend of unprofessional conduct and social media misuse by public school teachers. Likewise, recent court cases as well as highly publicized scandals raise concern that inappropriate relationships between teachers and students can be initiated through online social media. These emergent…

In 2 recent legal cases, graduate counselor education students challenged the imposition of remediation plans as violating their First Amendment rights of freedom of speech and religion. With special emphasis on this recent litigation, the article examines the legal standards governing the authority of counselor educators at public colleges and…

Growing litigation between the National Collegiate Athletic Association (NCAA), its member institutions, and student athletes has caused concern for both student athletes and colleges and universities. This qualitative research utilized a legal-historical, document-based method of inquiry. The research analyzed cases between 1953-2012 involving…

This article describes a lesson in which students will examine several views expressed by the founders to understand the context for including freedom of the press in the First Amendment. Students will be asked to think about the role that the news media and the need to be an informed citizen continue to play in our democracy. Students will…

The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…

In this article, the author provides a detailed legal history of originalism and investigates whether, and to what extent, originalism is a part of law school teaching on the Constitution. He shares the results of an examination of the leading constitutional law textbooks used in the top fifty law schools and a selection of responses gathered from…