University administrators who have distance learning programs under their charge are on the horns of a dilemma. Given the growing litigiousness of copyright holders and the unsettled state of the law, it has become very difficult to establish failsafe administrative rules to guide faculty and student use of copyrighted materials. But the use of…

The First Amendment to the Constitution is a cornerstone of American democracy and students, like all members of the nation, are entitled to its protections. This study investigates the level of knowledge of students' First Amendment rights among secondary preservice teachers in various disciplines and their confidence in dealing with First…

Background/Context: In June 2007, the U.S. Supreme Court ruled to prohibit student assignment on the basis of race. In Parents Involved in Community Schools v. Seattle School District No. 1 (hereafter referred to as PICS), the court deemed race-based strategies used to voluntarily desegregate school districts to be unconstitutional. Although the…

This paper presents the annual report of the Foundation for Individual Rights in Education (FIRE) for 2010. FIRE's approach in 2010 was centered on altering the incentive structure for universities by using both "carrots" and "sticks" to produce positive reforms and long-term results. These efforts gained significant force in September, when FIRE…

Social studies and history teachers should be free to expose students to controversial ideas and to teach critical thinking skills. But are they free? Do they have the constitutional right--call it academic freedom--to teach what they want and to discuss controversial issues in the classroom? The short answer is "no." In this article,…

In the midst of an attempt by Arizona's legislature and top education official to shut down ethnic-studies courses in the Tucson Unified School District, students at Tucson High Magnet School are flocking to the courses this school year. School district officials say enrollment in Mexican-American studies in Tucson Unified's 14 high schools has…

In recent decades, the environment has become a focus of intense national interest. Increasingly, individuals, organizations, and governmental entities have turned to the courts for resolution of environmental debates. Litigants in the courts must, however, clear the initial hurdle of "standing" to have their cases heard. In this article,…

Given the current national debate over immigration reform and the plethora of anti-immigrant policies, practices, and laws, school curriculums should include materials that will allow students to learn about, and reflect on, the impact this debate has on the lived realities of those most impacted. Specifically, teachers and their students will…

This article will address the sources of the laws impacting Catholic education, particularly constitutional law, statutory and regulatory law, and contract law. Specific issues related to these areas will be discussed, including discipline, lifestyle and belief, negligence, sexual abuse, boundaries, confidentiality, cyberspace, and safety. The…

"Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

This dissertation is a "public forum" legal case study on the federal court case "Madison v. Wolf" (2005) involving a conflict over the exercise of First Amendment speech rights on the Auraria Higher Education Center (AHEC) campus in Denver, Colorado. The dissertation involves the content analysis of the "Mason v.…

Legal scholars rarely focus on student First Amendment rights, and general public understanding of the extent of these rights is vague at best. While media scholars have focused much attention on newspaper coverage of more mainstream issues, no notable attention has been given to examining the way news media cover student First Amendment rights.…

Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

School administrators are expected to balance the need for school safety and good order with the rights of students to be free of unreasonable search of their person and property. This balance can be particularly difficult when over-the-counter or prescription drugs are involved. This article summarizes a recent U.S. Supreme Court decision that…