Outlines what reverse discrimination is and is not, and argues that the constitution is color-blind. Available from University of Richmond Law Review, School of Law, University of Richmond, VA 23173. (IRT)

Reviews the history and current state of the law under Section 1981 of the Civil Rights Act of 1866. Suggests how it may be interpreted to maintain its vitality as a guarantee of racial equality. Considers actionable discrimination claims, protected interests, prima facie evidence, constitutional defenses, immunities, and procedural issues.…

The Library Association of Australia's submission to the Senate Standing Committee on Constitutional and Legal Affairs on the Freedom of Information Bill 1978 and the Archives Bill 1979 is presented. Aspects of the Bill which affect access to information are discussed. (RAO)

Develops three views of the theory underlying the probable cause requirement of the Fourth Amendment. The advantage of the approach based on the rights prohibition of violent intrusions is that it provides standards based on the individual conduct rather than on governmental acts. Available from UCLA Law Review, 405 Hilgard Avenue, Los Angeles,…

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…

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…

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…

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…

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…