Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

In June 2015, the Colorado Supreme Court struck down a successful voucher program in Douglas County, invoking a provision of the state constitution that harks back to an era of widespread prejudice against Catholics. But because of the court's reliance on this discriminatory provision, its decision could well be overturned by the U.S. Supreme…

This article represents background material that can be used e along with the "United States v. Windsor" case to teach Constitutional Law (particularly federalism, due process, and equal protection) and the legal debate surrounding same-sex marriage in America. Professors may assign it as background reading before or after a…

The instability of the U.S. economy and its competitiveness in the global market has lead to increase request for investment in Higher Education programs. There exists a rising awareness among scholars of how inextricably education is tied to the strength of the economy, the well being of its populace, as well as the importance of a diversified…

This article reports that the U.S. Supreme Court is scheduled to hear arguments in December in a case that could make it more difficult for plaintiffs to win sexual-discrimination or sexual-harassment lawsuits against colleges and other educational institutions. The justices will decide whether to uphold a decision of the U.S. Court of Appeals for…

On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…

The Ontario and British Columbia courts of appeal have held that the restriction of marriage to heterosexuals is unconstitutional. Opposing views in same-sex marriage litigation arise from different definitions of "marriage." Proposed federal legislation would legalize same-sex marriage but not resolve the larger, underlying issue of how…

This paper discusses a Lawsuit filed against Dow Jones Newspaper Fund and the legal settlement between the defendant and the plaintiff. The fund, a nonprofit organization affiliated with Dow Jones & Company had been operating more than 20 programs for minority high-school students to pursue careers in newspaper journalism. The organization…

Both state supreme courts and the U.S. Supreme Court won't back down from giving kids the due process protections once reserved for adults. Specific cases are discussed. (RM)

In "Kadrmas v. Dickinson," suit was brought challenging the constitutionality of a North Dakota statute allowing certain public school districts to charge user fees for transporting students. In 1988, the U.S. Supreme Court ruled that the Constitution does not require states to offer such services. The decision seriously erodes equal…

Few people in the United States are aware of the central role that Mexican Americans have played in some of the most important legal struggles regarding school desegregation. The most significant such case is Mendez v. Westminster (1946) , a class-action lawsuit filed on behalf of more than 5,000 Mexican American students in Orange County,…

This article describes federal and state laws that affect the opportunity of people with low vision to drive and to obtain driver's licenses. Discrimination against individuals with low vision is discussed in the context of equal protection and the Americans with Disabilities Act. A review of relevant case law and implications for drivers with low…

In "Fumarolo v. Chicago Board of Education," the Illinois Supreme Court invalidated the Chicago School Reform Act because it violated the one-person, one-vote principle when several school administrators were summarily deprived of tenure by parent-dominated school councils. However, due process concerns for the deposed administrators…

The second round of litigation in the case of Debra P. v. Turlington has required the Federal courts to consider the question whether the Florida statute which requires public high school graduates to demonstrate the "ability to successfully apply basic skills to every day life situations" as measured by the State Student Assessment…