After their dismal performance in election 2008, conservatives are taking stock. As they examine the causes that have driven them into the political wilderness and as they explore paths out, they should also take heart. After all, election 2008 shows that America's constitutional order is working as designed. Indeed, while sorting out their errors…

In the twenty-first century, differences in the treatment of trade in alcoholic beverages in comparison to other commercial goods seem at odds with the federal regulation of interstate trade under the Commerce Clause of the United States Constitution, which prohibits "differential treatment of in-state and out-of-state economic interests that…

Discusses the state of children's rights in the United States in the wake of U.S. Senate refusal to ratify the U.N. Convention on the Rights of the Child. Examines the discrepancy between the U.S. leadership role in human rights and child advocacy and the legal system's treatment of children strictly according to law. (JPB)

Gives an overview of the university (especially its admission system) in both the Federal Republic of Germany and the United States and analyzes how their legislative constitutions are applied to key problems of access to higher education. Discusses some starting points for promising investigations into comparative (constitutional) law. (Editor/RK)

This comparative analysis of the constitutional status of freedom of speech in Great Britain and the United States focuses on four speech-related offenses--seditious libel, defamatory libel, blasphemous libel, and group libel or incitment to racial hatred. The analysis concentrates on the profound and rapid changes that issues related to freedom…

This article discusses the constitutional amendment process. Although the process is not described in great detail, Article V of the United States Constitution allows for and provides instruction on amending the Constitution. While the amendment process currently consists of six steps, the Constitution is nevertheless quite difficult to change.…

This paper examines the relationship between constitutional courts and educational policy in Australia, the United States, and West Germany in an attempt to formulate a statement describing the relative impact of state and federal governments on educational policy in countries with a federal system of government. Much of the paper discusses the…

Argues that the Library Bill of Rights aims to codify First Amendment doctrine and the interests of librarians but falls short. Law allows distinctions between government and private action and reaffirms the discretion of decision makers. The Library Bill of Rights, as shown in discussion of several court decisions, is often far more rigid.…

The No Child Left Behind (NCLB) Act, the 2001 reauthorization of the Elementary and Secondary Education Act, has become a symbol of all things good and bad in education. While the basic concepts of the legislation--accountability for results, research-based education programs, increased parental options, and expanded local control and…

Presents a comparative analysis of the U.S. and Indian Supreme Courts' roles in civil rights and preference policies. Despite structural and historical differences, similarities exist in the development of such policies. Both are more concerned with fidelity to constitutional and statutory interpretations than to personal ideological viewpoints.…

Examines the law of special educational needs in the United States and England, focusing on local authorities' power to determine provision levels. American courts have closely linked education and equality; constitutional law concentrates on the child's legal rights. The English system does not recognize a right to education or equal access to…

This article outlines the significant legal decisions regarding collective bargaining in Catholic schools, identifies the governance structures employed in Catholic schools and the methods of translating these governance structures into documents required by civil law, and concludes with the citation of two recent court decisions that demonstrate…

One of a series of modules designed to help people in Oklahoma become more self-sufficient in their personal and professional lives, this document is designed to introduce students to the function of various levels of U.S. government, symbols considered to have particular relevance to U.S. citizens, and how adults can make a difference as…