What is the scope of First Amendment free expression rights of public school employees and students? Following a long period with no Supreme Court rulings pertaining to public employee or student speech, the Court since 2006 has delivered significant opinions in this regard. These decisions continue the trend of narrowing the circumstances under…

This article presents a teaching case that involves the presentation of an actual incident in which a state commission on judicial performance had to balance a judge's First Amendment rights to protected free speech against his public statements about a societal class/group that were deemed to be derogatory and inflammatory and, hence, cast…

On October 25, 2006, New Jersey's Supreme Court announced that the state must legally recognize same-sex couples. The high court gave the legislature the responsibility to provide a name to this legal recognition. This issue, though, is not specific to New Jersey, but a national one in which 27 states have amended their constitution to restrict…

The Biennial Report presents a summary of programs and services provided by the North Dakota Department of Public Instruction for 2007-2009. The State Superintendent notes that while North Dakota's education system is good, slippage in test scores is occurring, cracks in the education system are developing and some students are falling through…

With the maturation of the internet more and more colleges and universities are offering online courses. As these courses enter the mainstream, public policy issues are beginning to emerge. Many of these involve the tension between the "work for hire" doctrine and academic freedom that occurs when educational institutions offer these…

Debates concerning how the issue of human life's origins should be handled within the confines of American public schools still continue. In order to mitigate the impact that evolution has on students, some school boards and state legislatures have recommended that stickers voicing a disclaimer about evolution be placed in biology textbooks. Even…

Argues that all bills that would limit the power of the federal courts to consider or grant remedies in cases affecting the fundamental rights of citizens under the Constitution should be held violative of the Constitution. (Author/AM)

A step-by-step description of the process of passing a bill into law in Congress is presented. (JD)

We the People: The Citizen and the Constitution is a civics curriculum developed by the Center for Civic Education (Center). The program, utilized in elementary, middle, and high school classrooms, is intended to foster civic competence and responsibility among America's youth. While educating youth about the principles of American constitutional…

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…

American Indian symbols are used extensively as logos, mascots, nicknames, and trademarks. These images identify postsecondary as well as secondary academic institutions, professional sports franchises, commercial products, and geographic locations. Over the past few decades, efforts have been directed at eliminating or at least reducing the use…

The Supreme Court first affirmed the importance of academic freedom in 1957. Yet in subsequent cases, First Amendment precedent has displaced the concept of academic freedom to resolve disputes among competing interests on public campuses, primarily in favor of institutions. This paper draws on the concepts of path dependence and policy space to…

Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…

There continues to be a significant debate as to the most effective means of providing North Carolina's children with the best possible education. The one point upon which a great majority agree is that, despite substantial increases in funding, public education is not meeting the needs of a large proportion of the state's students. This paper…