This past June, a 5-4 majority of the U.S. Supreme Court declared integration plans in Louisville and Seattle unconstitutional because of their focus on race as one factor in assigning students to schools. The Court's ruling in the "Parents Involved in Community Schools v. Seattle School District No. 1" and "Meredith v. Jefferson…

The process of voting is a fundamental right and privilege of any democracy. In fact, "Merriam-Webster" defines the word democracy as "a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free…

Each year, the Foundation for Individual Rights in Education (FIRE) conducts a wide, detailed survey of restrictions on speech at America's colleges and universities. The survey and resulting report explore the extent to which schools are meeting their obligations to uphold students' and faculty members' rights to freedom of speech, freedom of…

Civic education began wandering in the curricular wilderness in the 1960s, when Vietnam and then Watergate brought disenchantment, rebellion, experimentation, a loss of faith in traditional institutions and traditional leaders, the breakup of consensus, the weakening of the core culture and ultimately the erosion of curricular requirements in…

In 2003, the United States Supreme Court decided on two cases that involved affirmative action policies for admission to the University of Michigan at Ann Arbor Law School and the College of Literature, Science and the Arts. Those cases, "Gratz v. Bollinger" (2003) and "Grutter v. Bollinger" (2003) had implications for the…

This synthetic review aims to unite a seemingly disjoint collection of studies over the past 3 decades around their shared examination of sexism in an often overlooked U.S. population, namely girls attending private Christian schools. This undertaking reveals substantial harms that I categorize as those of immediacy and potentiality, which are…

Minimal information is available regarding the frequency with which practitioners conduct evaluations of capacity to waive Miranda rights or what approaches they use in doing so. Grisso's Instruments for Assessing Understanding and Appreciation of Miranda Rights are the only published instruments designed specifically to assist practitioners in…

This research empirically examines the difference that type of counsel, public or private, makes in the bail amount set for Hispanic defendants. Data were collected on all felony defendants assigned to the district court in a midwestern county. Specifically, the authors hypothesized that Hispanic defendants who retain the assistance of private…

Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…

Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…

Just a few days before the shootings at Virginia Tech, officials at the University of Delaware received a complaint from the family of a female undergraduate student. The family said that Maciej Murakowski, a 19-year-old student who lived in the same residence hall as their daughter, had posted material on his Web site that made the woman fearful…

Background:This study grew out of a recent Supreme Court case known as "Horne v Flores." The case began in 1992 in Nogales, Arizona when a 4th grade English learner (EL), Miriam Flores, sued the district and the state for failing to provide her (and other EL students) with an appropriate education as guaranteed by the Equal Educational…

Last December saw another predictable report from the Foundation for Individual Rights in Education (FIRE), a self-described watchdog group, highlighting how higher education is supposedly under siege from a politically correct plague of so-called hate-speech codes. In that report, FIRE declared that as many as 96 percent of top-ranked colleges…

The Fourth Amendment to the U.S. Constitution protects the people of the United States from unreasonable searches and seizures. On first reading, these protections seem clearly defined. The amendment was meant to protect Americans from the kinds of random searches and seizures that the colonists experienced under British colonial rule. Under…

This report outlines the case for an education amendment to the US Constitution to reduce radical disparities in the allocation of resources and funds for the education of the nation's public school students. The report argues that an education amendment is the best way to fundamentally reform the "structural arrangements" that are…