71,226 results on '"CONSTITUTIONAL law"'
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2. Teaching American Government in Public Affairs Education: Creating a Foundation for Success
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David C. Powell
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Public administration has a long tradition of close connections to the field of political science. As the field of public administration evolved from a basic politics administration dichotomy, it became evident that the distinction between politics and administration was nebulous at best. As such, public affairs students need exposure to, and knowledge of, the founding documents and basic principles that underpin American government. This article explores the reasons for including American government instruction in introductory public affairs courses, student knowledge and preparation in American government, and strategies for enhancing the coverage of the principles of American government in public affairs programs.
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- 2024
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3. Constitutional Values & Political Trust: Foundations for Student Democratic Participation
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Vlasta Ilišin and Nikola Baketa
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The paper is based on the concept of political culture, which is particularly important for the maintenance and functioning of a democratic political system and is closely linked with the political literacy of young people. In this paper research focus is on the two dimensions of political culture -- political values and trust. Specifically, the main research question is: what are the determinants of accepting constitutional values and the trust in political institutions of final year secondary school pupils? The paper use the data provided by research on political literacy of final year secondary school pupils. In order to provide answer to the research question the hierarchical multiple regression is used. In the first step, particular socio-demographic variables (sex, education of mother and education of father) were introduced. In the second step, the type of secondary school education was added. The third group of predictors encompassed the level of religiosity, generalized prejudices and authoritarianism. In the final step political knowledge was included. The introduced model provides certain explanation regarding constitutional values, but fails to explain distrust in political institutions. The phenomenon of low trust in political institutions is discussed in paper.
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- 2024
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4. New York State vs. Hasidic Schools: Placing the 'Substantially Equivalent' Curriculum Debate in Context. Issue Brief
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Manhattan Institute (MI) and Domanico, Ray
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In New York State, private and religious schools are required to offer a curriculum "substantially equivalent" to what is available in local public schools. Substantial equivalency--which has been law for nearly 130 years--allows parents to direct the education of their children by enrolling them in the school of their choice, while also ensuring that schools meet certain standards. However in September 2022, the New York State Board of Regents amended the regulations governing the law's enforcement. The amendments follow a multiyear effort on the part of a small group of activists who voiced concerns over a particular group of religious schools in New York City and a few other counties in the state. These schools serve the "Haredi" Jewish community, also described as ultraorthodox. There are critical public-policy and legal issues within the debate over Haredi schools and the state's substantial-equivalence requirement, particularly how to weigh the right to religious freedom enshrined in the First Amendment to the Constitution of the United States. This issue brief will explore those issues and attempt to place them in the context of the communities that overwhelmingly choose these schools for their children.
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- 2023
5. Avenues for Engagement? Testing the Democratic Nature of Library Book Challenge Processes
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Pamela Catherine Callahan and Joel D. Miller
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Background or Context: Public school library book challenges have garnered ample media attention in recent years as many school districts and advocacy organizations have reported record numbers of book challenges. Book challenges are not a new phenomenon, historically speaking, but they have often illuminated values clashes in communities and raise questions about the rights and freedoms of public school students. Judicial rulings and school district policies that address book challenges could provide insights for many members of school communities (including, but not limited to, school board members, students, parents, and teachers) as they experience challenges, but these aspects of the legal record and their influence on responses to book challenges remains underexamined in scholarship. Purpose, Objective, Research Question, or Focus of Study: The 1982 Supreme Court case "Island Trees School District v. Pico" remains the lasting judicial precedent for interpreting public school students' First Amendment rights as they interact with school library books. We examine the extent to which school district book challenge policies align with court precedent set in "Pico" (1982) and the implications for students' rights and democratic participation during book challenges. Research Design: Drawing on elements of the law and society framework as well as political analysis categories, this study uses qualitative methods to illuminate specific elements of district policies that govern book challenges. Specifically, we examine 29 policies in school districts that experienced a publicly reported book challenge between 2017 and 2021 to understand relationships between school district book challenge policies and the "Pico" (1982) precedent. Conclusions or Recommendations: Our findings reveal ample space between judicial rulings and school district policies we examine. In fact, we find a broader array of relevant actors in book challenge processes than conceived by the courts and raise implications for students' constitutional rights and protections related to who policies indicate may or must be involved in these processes, the settings in which book challenge decisions are made, and the limited roles for public involvement during school library book challenges.
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- 2024
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6. 'Special Concern'? A Mixed-Methods Examination of the Tension between Legal and Practical Conceptions of Academic Freedom
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Evan Sparks Ringel
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Academic freedom is an oft-invoked buzzword in debates about campus speech and the American university. But how have courts treated legal disputes where faculty members have invoked academic freedom as a potential constitutional interest? And how do faculty themselves conceptualize academic freedom? The similarities and differences between these two approaches to academic freedom are critical in a political and social climate where universities are a site of contestation. To examine these questions, this dissertation used a mixed-methods approach to academic freedom, drawing from both legal and social science research methods. The legal analysis found that federal courts have been inconsistent in how they consider academic freedom. Though the U.S. Supreme Court has spoken of academic freedom as a "special concern of the First Amendment," the Court has failed to definitively articulate whether academic freedom has constitutional protection. Lacking guidance, lower federal courts have applied academic freedom in contradictory ways. A survey of future university faculty members showed support for academic freedom in a variety of university contexts. Respondents also expressed concern that a lack of academic freedom has a chilling effect on university faculty. However, attitudes about academic freedom were tempered by politics--both in the partisan identity of the respondent and in the political content of a hypothetical professor's speech. Ultimately, this dissertation suggests that legal and professorial conceptions of academic freedom have multiple important differences. While courts have been reluctant to extend academic freedom protections to faculty governance, respondents felt that academic freedom was necessary in their interactions with colleagues and administrators. Conversely, while federal jurisprudence has held that public employee speech as a citizen on a matter of public concern is generally protected by the First Amendment, respondents were less likely to speak as citizens due to concerns about a lack of academic freedom. By blurring definitional boundaries, these differences may undercut the use of academic freedom as a primary justification for the protection of professorial speech. This dissertation concludes by emphasizing the limited nature of constitutional protection for academic freedom before offering avenues for future research. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
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- 2024
7. Charting the Path to the Outsourcing of Discrimination through School Choice
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Kevin Welner
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The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent free-exercise decisions, long-standing antidiscrimination laws, and the now-tenuous applicability of those legal protections for choice students. It concludes by considering the political ramifications of these changes, which will likely be very different in "blue" and "red" states.
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- 2024
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8. The Potential for Race Discrimination in Voucher Programs in a Post-'Carson' World
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Preston Green, Bruce Baker, and Suzanne Eckes
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Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court's opinions, these cases may have created avenues for discriminatory practices in publicly funded state school voucher programs. In elevating free-exercise rights above Establishment Clause concerns, the Court's decisions may have serious implications for students' civil rights in schools. This article specifically examines whether the growth of school voucher programs in the context of these recent Supreme Court decisions creates a pathway for racial discrimination in participating voucher schools. We first explore the impact of the three Supreme Court decisions. Specifically, we argue that when the Court eliminated distinctions between policies denying funding because of religious status and policies denying funding for religious uses and when it elevated free-exercise arguments, it may have opened additional avenues for discrimination. Thus, we next address whether participating voucher schools can refuse admission to Black students. To set the context for this discussion, we provide a brief historical analysis of case law that has previously supported race-based discrimination on religious grounds. We show that although past court cases and federal tax policy have created a bulwark against such discrimination, the recent rulings favoring free exercise rights raise concerns. If free-exercise rights trump civil rights, some voucher statutes may create an alternative funding stream for modern-day "segregation academies."
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- 2024
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9. Reexamining the Relationships of Religious Communities and the Public University: A Call-Back to Two Previous Scholars' Responses with New Lenses
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J. Cody Nielsen and Monica Sanford
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Higher education in the 2020s remains deeply divided on the role of religion, or what the Council on the Advancement of Standards (CAS) in 2023 describes as "religious, secular, and spiritual identities." In two previous articles in this Journal, one 2010 article by the late Peter Magolda and one in 2014 by Perry Glanzer, detail the ways in which students and the student groups themselves should be considered in relationship with their institutions. However, ten years after those arguments, questions of how religious leadership should relate to and interact with the institution still remain. The ways in which institutions are utilizing critical religious pluralism theory are at the forefront of three relationship-minded considerations the authors wish to highlight. Initially, understanding the relationships requires reexamination of the ways interpretations of the First Amendment affect public and the private university settings for religious life. This article explores the relevance of professionalizing the relationship between religious leaders and the institution, the ways in which such a relationship can support stability of the religious communities themselves, and the importance of progressive Christian groups as a part of a more religiously diverse campus's pluralistic religious and spiritual ethos. The gaps in Magolda and Glanzer's arguments, plus the emergence of critical religious pluralism theory, offers new opportunities to consider higher education policies and practices related to "religious, secular, and spiritual" identities.
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- 2024
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10. Cell Phones and the Fourth Amendment: The Legality of Search and Seizure of Cell Phones in Public Schools
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Nathaniel Robert Myers
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Cell phones have become a major part of our lives, and as such, they have presented new problems for school officials. This dissertation explores the current status of Fourth Amendment Law and how courts are applying the law to the search and seizure of cell phones in schools, by reviewing cases regarding search and seizure of electronic devices, personal property, and persons in order to ascertain the relevance to the search and seizure of cell phones in schools. By reviewing the relevant history of search and seizure law in the U.S., the current status of search and seizure law in the U.S., the current status of the law concerning students use of cell phones while in public schools, and, given the history and current status of search and seizure law in the U.S., this dissertation determines what the history and current status of search and seizure law tells us about the likely future direction of the law concerning student use of cell phones while in public schools. This dissertation compiled a database of court cases that revealed the development and current status of search and seizure laws and how the courts interpret these laws in making rulings on cell phone search and seizure in public schools and predicts how courts may rule regarding searches and seizures of cell phones in schools in future cases. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
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- 2024
11. The Role of Social Services in Realising Children's Rights in and through Education
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Roelf Petrus Reyneke
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Section 28(1)(c) of the South African Constitution (1996) unequivocally affirms that children are the only vulnerable group with an explicit right to social services. Nonetheless, the practical realisation of this right remains elusive for many children, leaving them without access to vital social services. Through the theoretical framework of transformative constitutionalism, this article posits that the evolving field of social services provision within school settings presents a promising avenue to champion children's right to social services and a range of other children's rights, and facilitate and promote their access to basic education. Utilising a qualitative research approach with an exploratory case study design, this study investigates whether providing social services through a programme in Botshabelo schools in the Free State effectively promotes the realisation of children's rights. The results show that social services in schools can contribute to realising various children's rights. It is recommended that there should be a symbiotic partnership between the Departments of Social Development and Basic Education with the latter endorsing and expanding the provision of social services within schools. This integration is recommended on the basis that it not only advances crucial human rights for children, such as child protection, social security, and a safe environment, but also shows promise in enhancing the academic performance of learners grappling with challenging circumstances.
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- 2024
12. Reproductive Justice and Critical Communication Pedagogy: An Analysis of the Overturning of 'Roe V. Wade'
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Leandra Hinojosa Hernández and Stevie M. Munz
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In this article, we provide an overview of the overturning of Roe v. Wade and consider its implications for communication classrooms in higher education. We assert that we as communication educators have a moral imperative to consider the role of intersectionality and reproductive justice in our teaching philosophies and implementation, and to do so, we discuss the interrelated nature of intersectionality, reproductive justice, and critical communication pedagogy.
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- 2024
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13. 'SFFA v. Harvard': Understanding and Contextualizing the Decision and Its Impact
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Jon S. Iftikar and David H. K. Nguyen
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The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among higher education administrators (Schermele, 2023). This attention is, of course, justified because the decisions represent a major shift in the way the U.S. Supreme Court has approached race-conscious admissions. The court has changed direction in its willingness to accept the educational benefits of diversity as a justification for utilizing race in admissions programs. In this article, the authors take a look at the "SFFA v. Harvard" decision, offer some context for the role of U.S. Supreme Court decisions, and discuss implications for higher education practitioners.
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- 2024
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14. The First Amendment and Transformational Leadership: Religious Rights in American Education
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Constantine Vlahos
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This mixed methods study, which implemented an explanatory sequential research design, investigated the role that the First Amendment Religious Rights (i.e., the Establishment Clause and the Free Exercise Clause) have in American Education. The researcher attempted to find out how well versed or not educational leaders were when facing First Amendment religious rights issues and how to best prepare current and future educational leaders for confrontations, disputes, and issues with these religious rights. The target population included 10 educational leaders from a mid-Atlantic state serving schools in the suburbs of a major metropolis. These 10 participants included a variety of superintendents, principals, assistant principals, curriculum supervisors, and other school administrators. The researcher randomly selected five participants for a control group and five participants for an experimental group, which means that this study also implemented a pretest-posttest control group design. Several themes emerged which showed how the participants in the experimental group demonstrated positive changes in their awareness, attitudes, behaviors, motivation, and capacity when compared to the control group. The experimental group participants also expressed a higher level of confidence and competence when confronted with a religious rights concern. Implications for theory and practice, the limitations of the study, and recommendations for future research are also included. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
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- 2024
15. Free Speech at West Virginia Colleges and Universities: Peril and Promise
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James G. Martin Center for Academic Renewal, Foundation for Individual Rights in Education (FIRE), Kissel, Adam, Laura Beltz, and Robinson, Jenna A.
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The U.S. and West Virginia constitutions acknowledge the right to free speech, which must be protected at public colleges, but Senate Bill 657, which became law in 2021, requires that public colleges protect "any lawful verbal and nonverbal speech." Furthermore, many private colleges also promise free speech to their students. However a campus-climate survey published by the Foundation for Individual Rights and Expression (FIRE) in 2021 found that 5-in-6 college students have self-censored because of how they perceived other students, a professor, or the college administration would respond. Two-thirds of college students agreed that it was acceptable to shout down a campus speaker or to try to prevent them from speaking. FIRE reviewed the restrictions on free speech at 17 public or private colleges and universities in West Virginia and found 92 policies that restrict freedom of speech. This report reviews FIRE's ratings, gives examples of restrictive policies, and recommends ways to improve students' free speech rights. [The report was written in partnership with the Cardinal Institute for West Virginia Policy.]
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- 2022
16. The Outsourcing of Discrimination: Another SCOTUS Earthquake?
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University of Colorado at Boulder, National Education Policy Center and Welner, Kevin G.
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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 policy. Further, the nation may be facing a future of religious organizations proselytizing through charter schools that have been freed from obeying anti-discrimination laws--with LGBTQ+ community members being the most likely victims.
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- 2022
17. IDRA Newsletter. Volume 49, No. 2
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Intercultural Development Research Association (IDRA) and Goodman, Christie L.
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The "IDRA Newsletter" serves as a vehicle for communication with educators, school board members, decision-makers, parents, and the general public concerning the educational needs of all children across the United States. The focus of this issue is "Combatting Classroom Censorship." Contents include: (1) A Wolf in Sheep's Clothing -- The Attacks Against Equity through School Censorship and How Educators Can Still Teach the Truth (Chloe Latham Sikes); (2) Playing Defense is Not Enough -- Let's Recommit to a Vision of Public Schools that Values Every Child, Every Educator, Every Community (Michelle Castillo); (3) Families Must be Centered in Education Policymaking, Not Used as Puppets; (4) Reclaiming the U.S. Constitution -- Legal Considerations for Combatting Classroom Censorship Laws (Paige Duggins-Clay); and (5) New Advocacy Guide Shares Tips and Lessons from Classroom Censorship Fight (Morgan Craven).
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- 2022
18. Learning for Self-Government: A K-12 Civics Report Card. White Paper No. 246
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Pioneer Institute for Public Policy Research, National Association of Scholars (NAS), and Randall, David
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This report, intended primarily for civics reformers considering how best to defend and improve traditional American civics education, surveys a selection of different civics offerings, both the traditional and the radical. Surveyed providers include organizations such as the Jonathan M. Tisch College of Civic Life, We the People, and Hillsdale College's 1776 Curriculum. The report assesses both how they approach civics education and their ideological content. The report will also judge each organization's effectiveness--although no one knows exactly what is being taught in each classroom in America, much less precisely what students take from their education. Finally, it will provide recommendations about how civics reformers should build upon this existing array of civics curriculum resources to work most effectively to reclaim America's civics education.
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- 2022
19. Tracing Changes in a Gun Control Q&A: The Story of 'One Hundred Round Magazine Drums'
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Yu, Di
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In recent years, the US society has witnessed a sharp growth in political divide, particularly between those holding conservative and liberal views (Pew Research Center, 2014, 2017). Among the multitude of issues that the American people find divisive, the issue on gun regulation has been one of the most controversial ones (Pew Research Center, 2021) wherein attitudes towards guns vary drastically and are divided along partisan lines. Citizens take to platforms of civic participation such as town hall meetings to express concerns about such divisive issues and seek accountability from politicians. This analysis focuses on one such instance and documents how, with the focal issue of high-capacity firearms, both the citizen and politician adjust their next actions in this gun regulation discussion. Specifically, the author observes how the citizen reformulates the notion of gun rights while the politician shifts the perspectives of his responses.
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- 2022
20. Constitution Day: An Opportunity for Honors Colleges to Promote Civic Engagement
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Hardy, Richard J., Schlag, Paul A., and Boeckelman, Keith
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The United States Constitution is the bedrock upon which government and society rest, yet its precepts remain generally unfamiliar to contemporary college students. Considering the extent of its impact and the misinformation regarding its purpose, content, efficacy, and limits, the authors provide suggestions for civic learning based on this seminal document. While all American educational institutions receiving federal funding must celebrate the U.S. Constitution each year on or near September 17th, research suggests that comprehensive and integrative instruction is scarce. Citing a lack of formal Constitution Day programming among honors colleges, the authors present a multi-modal framework for honors students to conduct research, stimulate critical thinking, showcase their findings, and engage in civic dialogues. Historical underpinnings of Constitution Day legislation are provided, and curricular guidelines are included.
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- 2022
21. Proceedings of International Conference on Research in Education and Science (Antalya, Turkey, March 24-27, 2022). Volume 1
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International Society for Technology, Education and Science (ISTES) Organization, Shelley, Mack, Akcay, Hakan, and Ozturk, Omer Tayfur
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"Proceedings of International Conference on Research in Education and Science" includes full papers presented at the International Conference on Research in Education and Science (ICRES) which took place on March 24-27, 2022 in Antalya, Turkey. The aim of the conference is to offer opportunities to share ideas, to discuss theoretical and practical issues and to connect with the leaders in the fields of education and science. The conference is organized annually by the International Society for Technology, Education, and Science (ISTES). The ICRES invites submissions which address the theory, research or applications in all disciplines of education and science. The ICRES is organized for: faculty members in all disciplines of education and science, graduate students, K-12 administrators, teachers, principals and all interested in education and science. After peer-reviewing process, all full papers are published in the Conference Proceedings. [Individual papers are indexed in ERIC.]
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- 2022
22. Staying the Course for School Desegregation: Leveraging New and Prior Efforts. Equity by Design
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Indiana University-Purdue University Indianapolis (IUPUI), Midwest & Plains Equity Assistance Center (MAP EAC), Diem, Sarah, and Smotherson, Brittany
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School districts must not only be knowledgeable about the historical context of school desegregation, but also what current efforts are occurring across the U.S. to combat school segregation as they may help guide them in leveraging policy in their own school communities' school integration endeavors. Thus, the purpose of this "Equity by Design" research brief is to illustrate the importance of continuing to pursue the initial goals of "Brown" (1954).
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- 2022
23. Using Title IX and Other Policies to Support and Affirm LGBTQIA+ Students. Equity by Design
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Indiana University-Purdue University Indianapolis (IUPUI), Midwest & Plains Equity Assistance Center (MAP EAC), Guanci, Sin R., and Blackburn, Mollie V.
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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 administrators might encounter. Finally, it considers ways administrators can care for themselves since some, particularly administrators of Color, might be afraid for their wellbeing and employment as they do this work.
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- 2022
24. A Policy Guide to Education in Michigan. Mackinac Center Policy Primer
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Mackinac Center for Public Policy
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This report argues that the Michigan state constitution's "Blaine Amendment," a provision which prevents parents from drawing on state funding to go outside the public school system, is superseded by the United States Supreme Court's 2020 ruling in the case Espinoza v. Montana Department of Revenue. The report discusses a legislative proposal known as Student Opportunity Scholarships. It provides a policy overview, answers frequently asked questions, and shares stories from Michigan families.
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- 2022
25. Addressing Historic Underfunding of HBCUs: Leveraging Litigation in Maryland. Issue Brief 2
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Hunt Institute
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This second brief of a three-part series explores the systemic underfunding of HBCUs in Maryland, and their attempts to correct these challenges, first through the courts and then through legislation. Maryland was one of the first states to reach such a monumental agreement in the sustainability of HBCUs. The first brief explored the national landscape of Historically Black Colleges and Universities (HBCUs) funding, including the historical disinvestment of land grant HBCUs. The third and final brief will explore Tennessee and its legislative attempts to curb underfunding. The purpose of these case-studies and the set of briefs is to provide a blueprint for how elected officials in other states can form bipartisan coalitions to support HBCUs and ensure they are equitably funded. [For "The State of Higher Education Funding: Historically Black Colleges and Universities (HBCUs). Issue Brief," see ED626515. For "Addressing Historic Underfunding of HBCUs: Implementing Bipartisan Legislation in Tennessee. Issue Brief 3," see ED626527.]
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- 2022
26. Admission Policies as Enablers and Disablers of Children's Rights to Basic Education: Stakeholders' Perceptions
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Sibanda, Gladys Mankoana and Beckmann, Johan L.
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In this article we report on a qualitative study done in Pretoria, South Africa, in which we investigated the experiences of 2 representatives of the Gauteng Department of Education (GDE); School Governing Body (SGB) spokespersons from 4 schools located in the Gauteng province, 2 representatives of the Federation of SGBs, 4 principals from 4 schools, and 4 parents from 4 schools regarding public primary schools' admission policies and practices as enablers or disablers of children's rights to basic education. Using structured, open-ended interviews, qualitative data were generated to explore the experiences of the participants on the public primary schools' admission policies and practices as enablers or disablers of a right to basic education. We argue that the implementation of school admission policies as enabler to access to basic education must be based on a system of rights and corresponding obligations established by the Constitution of the Republic of South Africa, 1996, and the various legislative and policy frameworks. The findings of the study reveal that the learner admission system in South African public schools remains problematic, which in turn aids as a disabler of children's right to basic education.
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- 2021
27. 12 Myths and Realities about Private Educational Choice Programs
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Institute for Justice, Bindas, Michael, Hodges, David, and Keller, Tim
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Educational choice programs--defined broadly as programs that provide parents with financial aid to help their children opt out of the traditional public school system--are a hallmark of meaningful educational reform. Yet despite widespread news coverage of such programs, polls show most Americans are unfamiliar with how educational choice programs work. Opponents of educational choice routinely take advantage of this knowledge gap by promoting various myths intended to confuse legislators and policymakers and thereby deter them from enacting educational choice programs. In recognition of this dynamic, the Institute for Justice (IJ) created this publication. The goal is to dispel 12 of the most commonly circulated myths so that legislators and the public can make well-informed decisions about the merits of giving parents more control over their children's education. [For the previous version of this report, see ED607730.]
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- 2021
28. Higher Education's Contributions to the U.S. Democratic Society
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Williams, Robert L. and Upton, Charaya C.
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College experiences can contribute to teaching, learning, and instruction within higher education. The framework for this essay treats the college community as prototypic of the U.S. political society. Several aspects of the national political culture have been approximated within a collegiate culture. For example, every political problem within our society can be represented in a miniature fashion within a program of studies in a university. Much of students' political information can come from the interaction between teachers and students. However, a sizable portion of this learned information can extend through interaction among students. At that point, teachers would point students to information that expands their reservoir of collegiate information. Ultimately, students would refine their political information by exchanging valuable information with one another, as well as with their teachers. We have chosen to target higher education rather than pre-collegiate levels in emphasizing how higher education and our democratic system of government can be intertwined. We highlight the possibilities of college students' understanding and appreciating others' political views in working with one another rather than against one another in educational and political planning. Specifically, we include in this report the following issues: (a) political information resources routinely available in higher education, (b) college students' learning to participate in broader political conversation, (c) college students' examination of high profile U.S. constitutional declarations, (d) college students' deepened comprehension of their own political perspectives, and (e) college students' understanding that the knowledge derived from higher education can strengthen our democratic system of government.
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- 2021
29. Campuses as Faux Nations
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La Noue, George R.
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The problem is the widespread practice by many campuses in defining community membership in ways that deny their students the civil liberties and civil rights all other Americans are guaranteed. Thus, when forty-year old veterans enroll for even one part-time course, they may find that First and Fourteenth Amendment rights existing off campus no longer apply to them as students. They may seem to have joined a different nation with various sets of ambiguous rules. Some campuses place those sanctions not only on campus-based actions, but on social media comments made in the distant past as well. The reality is that there are more than 3,000 campuses in the United States. The efforts by Alliance Defending Freedom (ADF), Foundation for Individual Rights in Education (FIRE), Speech First, and other organizations have been essential in establishing legal precedents and at least providing temporary relief to victims of speech suppression on various campuses. But the new judicial openness to holding campus authorities accountable through the imposition of personal damages offers an alternative to the "whack a mole" approach now used. In this article, George La Noue argues to create damage precedents, litigation will have to be more time consuming and expensive requiring attorney fees to be sought when cases are won. Extensive discovery and depositions with the creators of speech suppression policies will be necessary. Who drafted the policy and which administrators and board members reviewed it? What role did campus activists or outside groups play in policy design? Was legal counsel involved and what was their advice? Given that sort of record, a court can determine whether damages should be assessed, how much they should be, and who should pay them? When those sorts of precedents are established, more responsible speech policies consistent with constitutional rights in higher education nationwide will start to be seen.
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- 2021
30. A Tale of Seven Cases -- Faculty Unions in the United States -- From Yeshiva to Elon: Is It Time to Review Yeshiva and the Positions of Church-Sponsored Colleges and Universities as Well?
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Hunter, Richard J., Lozada, Hector R., and Shannon, John H.
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This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis of the National Relations Act in the Supreme Court case of Yeshiva University. The summary then follows developments over the years up to the most recent decision of the National Labor Relations Board that sanctioned the efforts of adjunct professors at Elon University to seek union representation. In examining these two book-end cases, the article discusses issues relating to the effect of the religion clauses of the First Amendment in the context of the National Labor Relations Board's shifting views on the topic. Last, the authors discuss unionization in the context of church-sponsored colleges and universities. Is it now time for the Supreme Court to review its seminal decision in Yeshiva University and for church-sponsored colleges and universities to rethink their positions as well?
- Published
- 2021
31. Political Participation Instruction for Monk and Novice Students in Thailand
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Hadpagdee, Saward, Choutikavatchagul, Songphon, Mason, Chairat, Aranyawat, Suttipun, Hngokchai, Phra Wasan, Singtong, Phramaha Komkai, and Ruangsan, Niraj
- Abstract
This research aimed: (1) to study the political participation of the monk and novice students in MCUKK as the guideline to develop the political participation instruction for MCUKK students; and (2) to suggest the ways to promote the political participation instruction of the monk and novice students. The population of the research was the bachelor degree students: monks and novices (n = 266) of MCUKK. The key informants (15) including 1 educational administrator, 2 directors of Political Science Programs (Bachelor and Master), and 2 lecturers, 10 students selected by Purposive Sampling. This study was conducted by means of the mixed research methodology: quantitative research and qualitative research. The tools used in this research were the five-rating scale questionnaire and an in-depth interview. The research findings indicated that: (1) the political participation of the students in four studied aspects were statistically rated the moderate level; and (2) the university lecturers should pay attention to educating the legal rights and importance of political participation in terms of voting, political news, political campaign and political rally for the students. The finding suggested that teaching political participation should be managed properly, although there is the law that prohibits monks or novices to get involved in politics.
- Published
- 2021
32. A Comparative Analysis of Academic Freedom within Higher Education Institutions (HEIs) in India and the USA
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Saini, Ruchi
- Abstract
Despite having one of the largest and fastest-growing post-secondary sectors in the world, there has been increasing protest against the lack of academic freedom within HEIs in India in the past decade. This research study carries out a comparative analysis of academic freedom within HEIs in India and the U.S., with a specific focus on how the notion is formulated within key policy documents and the provisions to safeguard it. Preliminary data from the systematic review revealed that while policy documents within both the countries frame the notion along similar lines, various sections within the Indian Penal Code are used to criminalize useful dissent and freedom of expression within HEIs. The study recommends that in order to safeguard academic freedom in India, certain specific sections within the Indian Penal Code (Section 124A, Section-153A, Section-292, Section-295A) should be either repealed or reformulated so that they are not amenable to misuse by the government.
- Published
- 2020
33. Religious Charter Schools: Legally Permissible? Constitutionally Required?
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Manhattan Institute (MI) and Garnett, Nicole Stelle
- Abstract
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 State decides to do so, it cannot disqualify some private schools solely because they are religious." But, as Justice Stephen Breyer asked in his dissenting opinion, "What about charter schools?" Can states prohibit religious charter schools? All states with charter schools currently do so. Are these restrictions constitutionally required, as is commonly assumed? Or, on the contrary, are they unconstitutional after "Espinoza"? This report addresses these questions. Efforts to permit religious charter schools (by legislation and/or litigation) will likely be undertaken in the near future. This report discusses the legal issues raised by such efforts, examining whether the First Amendment's Establishment Clause permits religious charter schools and whether the First Amendment's Free Exercise Clause precludes states from prohibiting them.
- Published
- 2020
34. Exploring the Color-Evasive Hustle 2.0 and Asian Americans within U.S. Higher Education Race-Conscious Admissions Oral Arguments
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Ward, LaWanda W. M.
- Abstract
Ongoing sociolegal conflicts over affirmative action in race-conscious admissions in U.S. higher education have significant modern-day relevance. This article, informed mainly by Asian American women's scholarship, explores discourse in U.S. Supreme Court rulings and oral arguments and how litigation actors continue to recycle this discourse in more recent legal strategies that maintain and normalize inequitable access to selective, historically White institutions. The author revisited and extended critical race feminist Kimberlé Crenshaw's metaphor, the "Colorblind Hustle," which describes the anti-affirmative action strategy of deploying Black spokespersons as advocates for eradicating policies that promote racial equity. The author proposes a new metaphor, the "Color-Evasive Hustle 2.0," to describe current anti-affirmative action strategies with Asian Americans as plaintiffs in a 2018 lawsuit against Harvard University. Finally, this article elevates interdisciplinary scholarship and legal strategies with potential to expose the Color-Evasive Hustle 2.0 and affirm and sustain educational equity.
- Published
- 2023
- Full Text
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35. Is Sport Ready to Transition? Navigating Transgender Issues in High School Sport
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Foo, Cornell E., Schaefer, George R., and Russell, Angela R.
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This case presented in this article involves a transgender middle school student-athlete (BPJ) and the West Virginia State Board of Education (WVSSAC). BPJ, who at the time was preparing to enter sixth grade at a new school, alleges that Defendants Burch, Stutler, the WVSSAC, and Attorney General Morrisey deprived her of equal protection under the Fourteenth Amendment. The claim goes on to indicate that the WVSSAC and Harrison County Board of Education are complicit in violating Title IX.
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- 2023
36. Free Speech: Time for a Different Kind of Discussion
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Kahne, Joseph and Cortés, Carlos E.
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The authors feel there is a need of a new and different kind of classroom conversation about free speech--one that not only considers the legal and aspirational dimensions but also weighs the practice and impact of speech in daily life. Two factors make this new conversation particularly urgent. First, the avalanche of social media communication, particularly the rise of digital mobs, has dramatically altered the speech environment. Second, state legislatures and school boards are taking actions that mute teacher speech about selected topics. Indeed, as of August 2022, Pen America report that 36 states had introduced 137 bills designed to restrict instruction on topics such as race, gender, sexuality and U.S. history in K-12 and higher education--a 250 percent increase from 2021 when 22 states introduced 54 similar bills. In light of these challenges, they would like to propose, in this article, three priorities for civic educators concerned with the issue of speech and its role in fostering a more inclusive democracy: (1) Analyze--don't merely celebrate--the First Amendment; (2) Engage students in discussions of speech-related laws, policies, and practices; and (3) Involve students in developing an aspirational vision for robust speech.
- Published
- 2023
37. Supreme Court Opens a Path to Religious Charter Schools: But the Trail ahead Holds Twists and Turns
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Garnett, Nicole Stelle
- Abstract
In June 2022, the U.S. Supreme Court held in "Carson v. Makin" that Maine violated the Free Exercise Clause of the First Amendment by excluding religious schools from a private-school-choice program--colloquially known as "town tuitioning"--for students in school districts without public high schools. Writing for the majority, Chief Justice John Roberts concluded that "the State pays tuition for certain students at private schools--so long as the schools are not religious. That is discrimination against religion." "Carson" leaves at least two important questions unanswered. The first concerns the decision's scope. The holding makes explicit that "a State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious." Carson is silent, however, on what it means for the government to "subsidize private education." The second question concerns which regulations states may lawfully impose as a condition of participation in private-school-choice programs. "Carson" was an important victory for religious liberty that promises to have wide-ranging implications, both within and outside of K--12 education. The full extent of those implications, including the answers to the two questions addressed here, remains to be seen.
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- 2023
38. At the Very Apex: What the Supreme Court's Student Speech Cases Have to Teach Us about a Constitutional Right to Education
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Warnick, Bryan R. and Thomas, Christopher D.
- Abstract
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 example, since the 1969 "Tinker" decision, the Court has repeatedly justified curtailing student free speech by appealing to important educational goods, but the necessity of providing these educational goods has not been harmonized with the Court's denial of a federal right to education. Purpose/Objective/Research Question or Focus of Study: Is the Court's denial of a constitutional right to education consistent with how education is formulated in the Court's other decisions related to education, particularly as found in the student speech cases? Research Design: A "holistic analysis" is employed to examine the Supreme Court decisions related to education. This approach interprets the different strands of the Court's decisions related to education in light of one another (a "dialogic task") and places the Court's decisions into a larger context of educational thought (a "contextual task"). Specifically, with respect to the dialogic task, the focus is on reading the Court's decisions related to a federal right to education in light of its jurisprudence related to student speech; with respect to the contextual task, the focus is on clarifying the Court's statements related to educational goods by putting them into context with educational philosophy and theory. Conclusions/Recommendations: The holistic analysis leads to three observations. First, the authors find that the Supreme Court has endorsed a range of goods associated with education, including both public and private goods. Second, the Court has framed these educational goods as being closely associated with constitutional norms and the democratic order. Third, in the student speech cases, the Court has argued that these public and private educational goods are so critical that they justify the curtailment of student speech rights under the First Amendment. Bringing these observations together, it is concluded that, because education is being linked to constitutionally relevant private individual goods, and because the attainment of those goods is critical enough to overcome student speech rights, then the attainment of those goods should itself be considered a substantive, individual, constitutional right.
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- 2023
- Full Text
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39. Rightsizing Fed Ed: Principles for Reform and Practical Steps to Move in the Right Direction. Policy Analysis No. 891
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Cato Institute, Amselem, Mary Clare, Burke, Lindsey, Butcher, Jonathan, Gass, Jamie, McCluskey, Neal, and Rebarber, Theodor
- Abstract
The federal government has been heavily involved in education since the mid-1960s, intervening in everything from early childhood education to graduate schooling. This paper lays out the principles that should govern federal involvement in seven specific areas and briefly examines the effects of Washington's policies. The areas are elementary and secondary education funding; curricular standards and testing mandates; state and local planning mandates; school choice; higher education; early childhood education and care; and civil rights. Each section also lays out steps that can be taken relatively quickly to move in the right direction.
- Published
- 2020
40. Critical Care: Policy Recommendations to Restore American Higher Education after the 2020 Coronavirus Shutdown
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National Association of Scholars (NAS)
- Abstract
The coronavirus pandemic has inflicted enormous financial damage on colleges and universities and the cost is still growing. American higher education will undergo an unprecedented financial crisis in the coming months. "Critical Care" is a plan to guide the federal response to these unprecedented disruptions facing higher education in the midst of the pandemic.
- Published
- 2020
41. How Turkish Universities Have Evolved through Constitutional Changes
- Author
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Guclu, Mustafa
- Abstract
National constitutions determine the foundation and the operation of universities in a country. Constitutions are renewed to meet changing societal needs. In Turkey, universities have also been affected by constitutional changes. This study examines how universities have evolved in the history of Turkey's written constitutions and seeks to use this development to shed light on the structure and activities of today's universities. To this end, those articles in the six Turkish constitutions which have affected universities were identified and used as data sources. The work examines the first constitution written in 1876 up to the most recent 1982 constitution. The document review method was used to collect the data and the articles found were evaluated using the descriptive analysis method. The findings show that there were no articles which affected universities in the 1876, 1908 and 1921 constitutions. These were put into force in the 1924 constitution, which was introduced after the start of the Republic. It was found that universities were granted considerable powers and scientific autonomy in the 1961 constitution, but this autonomy was limited by the changes made in the 1982 constitution. In addition, it was found that military coups were responsible for some of the constitutional changes which affected the universities.
- Published
- 2020
42. Caste Relations in Student Diversity: Thinking through Dr Ambedkar's Perspective towards a Civic Learning Approach in Higher Education
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Sabharwal, Nidhi Sadana
- Abstract
The chairman of the drafting committee of the modern Indian Constitution, Dr Bhim Rao Ambedkar, emphasized that education cultivates democracy in society, strengthens the roots of democracy, and brings about social transformation. The social transformation includes a way of life that will promote liberty, equality, and fraternity, which are Dr Ambedkar's "key elements of an ideal society". This paper discusses the implications for higher education campuses for achieving an ideal society in light of the emerging evidence on peer group formation around identities and issues of discrimination associated with caste in the context of increasing student diversity. The paper also emphasizes the important role of a civic-learning approach to higher education; meaning an active engagement with values of liberty, equality, and fraternity. There is a shared belief that higher education has a great potential to be a social laboratory for civic learning and to inculcate democratic values and foster peaceful interactions among members of diverse groups.
- Published
- 2020
43. The Due Process Clause of the Fifth and Fourteenth Amendments and the Policy-Making Process in Educational Leadership: An Analysis of Relevant Legal Cases
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Parker, Jerry L.
- Abstract
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 process to prove his or her innocence. Without due process, all decisions related to an individual's innocence or guilt are thus null and void. Using content analysis methodology, this research looked at 11 Supreme Court decisions related to due process in education. It was discovered that decisions mainly related to student classification versus self-identification and wrongful termination of faculty and school personnel. The findings of this study help educational leaders at all levels to better understand the vastness of both amendments and how they work in tandem with drafting equitable, equal, inclusive, and fair policies and procedures for all students, faculty, and staff in educational settings.
- Published
- 2020
44. Due Process on Campus. Blueprint for Reform
- Author
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James G. Martin Center for Academic Renewal
- Abstract
Due Process is the right to fair and objective process in judicial matters. This is a right recognized in the 5th and 14th amendments of the United States Constitution, which provides that no one should be "be deprived of life, liberty, or property, without due process of law." In campus judicial proceedings, institutions should rely on policies and legal precedent to decide what order to follow and how to rule in cases with contested facts or contradicting statements. Nevertheless, there are instances where students' rights to due process is violated in various ways, from expelling students without notice or opportunity to be heard; a lack of opportunity for cross-examination in disciplinary hearings; and a biased or unqualified hearing panel acting as a judicial body. The James G. Martin Center for Academic Renewal (Martin Center) recommends that all colleges and universities provide full due process rights that are guaranteed through the United States judicial system, in order to provide justice and fairness to both the accuser and the accused. This should primarily be done in two ways. First, delegating serious felonies like sexual assault charges to appropriate authorities that are better qualified and prepared to carry out a thorough investigation without violating the rights of the accused. Universities are simply not capable of performing this high stakes legal task. Second, there must be a student equivalent of Miranda Rights. Specific recommendations for universities and policymakers are provided along with an annotated list of model legislation.
- Published
- 2020
45. Why Intellectual Freedom and Equitable Access Are Even More Important Today
- Author
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Branyon, Angela and Dawkins, April
- Abstract
Libraries still stand as a source of knowledge that can guide us to make informed decisions through the use of credible sources. A balanced collection that provides access to all points of view empowers a community to use information responsibly and make decisions independently. Intellectual freedom and equity of access are still important issues today, especially when confronting uncertain times with the COVID-19 virus and distance education. Through education and the information found in libraries, democracy allows citizens to experience free speech through dialogue not diatribe and to support our opinions with a respect for the diversity of our fellow citizens and a desire to realize equity and justice. From physical access to material selection to policies dealing with challenges to privacy of patron information, the article argues that school librarians must demonstrate intellectual freedom to maintain a free and open forum for ideas. They should be protectors of intellectual freedom for minors just as public libraries protect the rights of all citizens regardless of age.
- Published
- 2020
46. Conflicting Opinions: Speech Rights and Student Protests on College Campuses
- Author
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Hertz, Lica
- Abstract
College students have a widespread history of exercising their rights to free speech through protest as a means of expressing displeasure with the status quo. While some administrators consider it a disruption to academic learning on college campuses, extensive research has found that student activism as a form of involvement on campus lends itself to the development of leadership qualities that contribute to being an agent of social change and higher levels of civic engagement (Biddix, 2014; Chambers & Phelps, 1993; Kezar et al., 2017). Several institutions are working to balance speech protections while maintaining an inclusive environment for students. Some states and universities, however, have implemented or revised policies to protect freedom of expression regardless of its content in order to uphold students' First Amendment rights. Speech rights are actively debated by college administrators and policymakers across the country in response to the increase in campus demonstrations and have garnered attention from all sides of the political spectrum (Selingo, 2018). Though the First Amendment provides the framework for the right to free speech, there is a divide on where the line, if any, should be when it comes to protecting the freedom of speech on college campuses that is considered hateful or offensive. The purpose of this article is to provide an overview of the conflicting opinions around speech rights on college campuses and offer recommendations to higher education administrators working to maintain a safe environment for students while complying with sanctioned free speech guidelines at their respective institutions.
- Published
- 2020
47. Educating the Principles of Judiciary in Eastern Europe
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Treskov, Aleksej P., Markhgeym, Marina V., Matyusheva, Tatiana N., Mikhaleva, Galina G., and Tkhabisimova, Lyudmila A.
- Abstract
The study subject in this article is aims to educate the concepts of judiciary principles in Eastern eroup. We substantiated the conclusion on constitutional structuring of the formalization of judiciary principles in the sections devoted to the state foundations (constitutional system); human and civil rights and freedoms; judiciary; higher judicial authorities (usually the constitutional court). A comparative legal study of the norms of special sections on judiciary contained in the constitutions of Eastern European countries allowed the author forming a list of principles that organize and constitute the basis of activity of this kind of judiciary; identify the specific nature of their consolidation; present quantitative and qualitative features of the declared fundamental principles.
- Published
- 2020
48. The Legal Nature of Decisions of Constitutional Courts of Russia and Foreign Countries and Investigating Its Psychological Consequences
- Author
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Tonkov, Evgeniy E., Kosolapova, Natalya A., Lebedinskaya, Valeria ?, Mutsalov, Shadid Sh, and Stulnikova, Olga V.
- Abstract
The authors, on the basis of the importance of the activities of constitutional courts in the system of separation of powers in most countries, propose a comparative legal analysis of the normative and legal acts governing the procedure for the adoption and legal nature of decisions of these bodies. On the basis of the study of the legal consolidation of the activities of the constitutional courts, it was concluded that the decisions of the constitutional courts, possessing such characteristics as the possibility of abolishing the legal norm; the final character; the obligation of execution for all state authorities, organizations and citizens; and the moral authority, perform a law-making function, establish rules governing important relations in society and play a special role in ensuring and protecting fundamental human and civil rights and freedoms plays an important role in ensuring and protecting fundamental human and civil rights and freedoms and constitutions of the countries considered in this article.
- Published
- 2020
49. After 'Kennedy vs. Bremerton School' Dist: Managing Religious Diversity in the Public School Workplace
- Author
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Roberts, Robert
- Abstract
The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach, the U.S. Supreme Court significantly narrowed the use of the Establishment Clause of the Constitution to limit workplace religious activities of public-school teachers, school administrators, and other school district employes. The article argues that the decision will force school districts across the country to reassess their policies regarding the workplace religious activities of their employes including teachers. The article examines how the decision will impact school districts' regulation of workplace prayers by public school teachers and several types of symbolic religious speech. Finally, the article argues that school districts may need to update their policies and practices governing the workplace religious activities of their employes including teachers.
- Published
- 2022
- Full Text
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50. 12 Myths and Realities about Private Educational Choice Programs
- Author
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Institute for Justice, Keller, Tim, and Hodges, David
- Abstract
Educational choice programs--defined broadly as programs that provide parents with financial aid to help their children opt out of the traditional public school system--are a hallmark of meaningful educational reform. Yet despite widespread news coverage of such programs, polls show most Americans are unfamiliar with how educational choice programs work. Opponents of educational choice routinely take advantage of this knowledge gap by promoting various myths intended to confuse legislators and policymakers and thereby deter them from enacting educational choice programs. In recognition of this dynamic, the Institute for Justice (IJ) created this publication. The goal is to dispel 12 of the most commonly circulated myths so that legislators and the public can make well-informed decisions about the merits of giving parents more control over their children's education. [For the previous version of this report, see ED587374.]
- Published
- 2019
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