On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a…

Business law and legal environment textbooks typically devote a page or two to the tort of invasion of privacy, describing the four versions of this tort, including "appropriation of identity." The Clarkson textbook notes that "An individual's right to privacy normally includes the right to the exclusive use of her or his…

The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Public schools are full of incidents that fill newspapers, but when a private school is struck with instances of libel, child abuse, and violations of Title IX, the community is at a loss as to what to do.

This year, across the nation, state legislators and powerful corporate interests with financial ties to universities and influence over them have launched an unprecedented number of attacks on law school clinics. As universities increasingly seek to educate students through service-learning courses, law school clinics may be the bellwether for…

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

Provides an update of the case law dealing with assaults on school personnel, including an illustrative Arizona case followed by a question-and-answer discussion posing certain hypothetical situations concerning the facts and law of the case. Draws implications for policy and practice. (Contains 13 references.) (PKP)

Examines the parameters of the Civil Rights Act of 1964 and relevant First Amendment case law, reviews several analogous court decisions in private employment, and analyzes Yott vs. North American Rockwell Corporation (case involving an employee who, on religious grounds, refused to join a union) and its application to public employment.…

The central federal question surrounding vouchers is whether participation of sectarian schools violates the First Amendment's Establishment clause. The U.S. Supreme Court, through its interpretation of the federal Constitution, may have the final word in determining voucher proposals' future. Litigation in Cleveland, Milwaukee, Vermont, and Maine…

Discusses 10th Circuit Court decision upholding constitutionality of Oklahoma school district's policy that prohibited, with certain exceptions, part-time school enrollment, thus denying home-schooled student from taking certain specialized courses. (PKP)

Serving the public interest is the basis for most state open meeting laws (sunshine laws). To education administrators, the public interest lies in allowing public officials freedom to make decisions according to procedures they determine best meet the needs of their institutions. The conflict among viewpoints is discussed. (MLW)

Documentation of the spread of censorship is extensive, and although challenges to films and videocassettes have not figured prominently in the literature, in the future there may be more emphasis on these media than on print material. On the state level, increasing censorship of films and videocassettes has occurred in North Carolina, California,…

Discusses history and purpose of state open-records laws. Surveys how parties make open-records requests, various causes of action, and sanctions for noncompliance. Examines how open-records requests related to district investigations can implicate the Family Education Rights and Privacy Act. Attempts to find appropriate balance between public's…