Outlines the confusion arising when public colleges invoke a constitutional shield when they are accused of pirating software. Some state institutions claim immunity under the 11th Amendment from prosecution for infringement of intellectual property. (SLD)

Describes a yearly series of about 10 classes in which a constitutional law teacher and a property law teacher blend their classes to team-teach a topic that has a solid footing in each course: the law applicable to governmental takings of private property for public use. (EV)

Argues that Kenneth Burke's rhetorical theory is exemplified in the statements of Justice Louis Brandeis, whose concept of "the living law" explores the contemporary scene as ground for judicial review. Contends that Robert Bork's search for "neutral principles" in Constitutional words ignores the symbolic and dialectical…

Saying the Pledge of Allegiance in public schools has generated controversy for more than sixty years. On Flag Day, June 14, 2004, the U.S. Supreme Court sidestepped an opportunity to clarify the constitutionality of public school students reciting "under God" in the Pledge of Allegiance. But this issue is not going away. Following the Supreme…

What should college and university administrators do when the First Amendment seemingly conflicts with tightly held institutional values? Should administrators block, discourage, or attempt to adjudicate speech because it doesn't agree with their belief systems or institutional mission statements? This reader-friendly handbook addresses the…

The University of Colorado's Ward Churchill is but the latest in a long line of professors whose volatile statements have created controversy for themselves and their universities. Specific personnel matters in the case have been meticulously addressed in Boulder, but several larger questions have been curiously neglected. One might well ask, for…

Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational…

From the late 1860s through the mid-1870s, woman suffrage activists developed an ingenious legal argument, claiming that the U.S. Constitution already enfranchised women citizens. The argument, first articulated by St. Louis activists Virginia and Francis Minor, precipitated rhetorical performances by movement activists on public platforms and in…

This report, for the first time ever, provides a state-by-state breakdown of the key elements a policymaker needs in order to understand the legal environment for school choice in any given state--and to craft appropriate legislation to expand educational opportunity. This guide is intended to arm policymakers and advocates with the essential…

This article reports on two Mideast-themed schools which have attracted fierce controversy amplified in the news media and the blogosphere. A new public school with a focus on Arabic language and culture is set to open in New York City this week, after being assailed for months by opponents who claim it will be a taxpayer-funded Islamic school…

The first section of this article examines the historical record of Ohio's Second Constitutional Convention in an effort to discern what the delegates meant by "thorough and efficient" system of education. Included in this analysis are other historical documents that give further indication of the intent of the delegates. A brief review…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

Part one of this trilogy of policy briefs explains the challenge facing Texas in funding public education. This policy brief explains why a Texas-style personal income tax is the best way to meet the needs of Texas. Only a personal income tax can significantly reduce reliance on property taxes--cutting the school operations tax from $1.50 to…

Florida's voucher program for students in the lowest-rated public schools is unconstitutional, the state supreme court ruled early January 2006 in a 5-2 decision that friends and foes of private school choice are scrutinizing for its potential impact on voucher debates nationwide. Chief Justice Barbara J. Pariente of the Florida Supreme Court…

The Constitution empowers Congress to protect the rights of authors. There is disagreement, however, over whether Congress may grant authors a limited monopoly on their works or may regulate authorship by permitting reasonable public access to creative works. The traditional view of expansive pre-publication rights for authors is supported by…