Background: Over the past decade, courts and administrative agencies increasingly have considered cases that involve clashes between charter school proponents and teacher unions. While these cases have focused on a range of education policy issues, some cases have focused on arguably the most important legal and policy distinction applicable to…

The 2016 presidential election campaign and its aftermath have underscored worrisome trends in the present state of our democracy: the extreme polarization of the electorate, the dismissal of people with opposing views, and the widespread acceptance and circulation of one-sided and factually erroneous information. Only a small proportion of those…

This article revisits a major paper published a decade ago by the political scientist Christopher Pollitt about the highly activist approach to the reform of public services taken in England in recent years. In education, the pace has accelerated since that paper appeared. The weaknesses of the current structures and processes resulting from this…

The purpose of this research is to define the concept of "constitutional regulation mechanism." The definition of the concept of "constitutional regulation mechanism" will give jurists and legislators a theoretical framework for developing legal sciences, such as the constitutional law and the theory of state and law. The…

This one-page fact sheet presents findings from a quasi-experimental study to examine the effects of the We the People program on high school students' political knowledge, civic skills, and civic attitudes. The study included 822 program participants who were compared to 735 students in high school government classes with similar demographics. In…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

Economically discriminatory zoning policies--which say that people are not welcome in a community unless they can afford a single-family home, sometimes on a large plot of land--run counter to American ideals and yet are pervasive in America. In most U.S. cities, zoning laws prohibit the construction of duplexes, triplexes, quads, and larger…

Arguably the most strongly promoted approach by voucher advocates is a new form of government subsidy for private education, Education Savings Accounts (ESAs). Parents are provided a set sum which they can use for a variety of educational services including private school tuition and fees, online courses, extracurricular activities and private…

Slurs, either spoken or printed, can be classified as expressions of derogation, because their use is a generalized, negative characterization or classification of groups without regard to individual uniqueness. The use of such slurs consequently can cause the target and the listener or reader (i.e., receiver) discomfort, unless the receiver has…

The advent of critical race theory (CRT) in legal scholarship changed the way in which legal scholars think about race and racism in at least three ways. First, CRT scholars argue that the problem of racial justice is fundamental to American law, whereas the previous generation of civil rights scholars saw racial justice as a problem of…

A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half…

Teachers across the United States routinely use social media to improve communication with students and parents, enrich the classroom curriculum, and engage in professional conversations with peers. However, teacher use of social media also has a dark side. Media reports are replete with stories of teachers engaging in inappropriate social…

This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…

Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…