After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the…

This article examines corporal punishment in U.S. public schools, proposes a national conversation regarding its use, and advocates for a national policy to promote nonviolent discipline methods and prohibit corporal punishment of children in educational settings. The United States remains one of the few postmodern societies without a national…

Section 1981 prohibits discrimination concerning the right to contract, and Title VI prohibits discrimination on the basis of the basis of race and national origin. The two cases that form the basis for the discussion in this article--"Silva v. St. Anne Catholic School" and "Doe v. Kamehameha Schools"--address whether culture…

In a companion article, we considered legal issues in language and culture in private schooling in two U.S. contexts: "Silva v. St. Anne Catholic School" and "Doe v. Kamehameha Schools". In this article, we consider the facts and findings of these two cases under the human rights and antidiscrimination legal frameworks of…

This article explores the place of religion within Australian primary and secondary education. It is divided into three parts. The first examines religion within the Australian legal and constitutional structure. The second considers the accommodation of religion in government (public or state) and nongovernment (private) schools, using the State…

This article details the growth of student-based cyberbullying in the United States. The article argues that the current legal limbo of student speech issues originating in cyberspace has unfortunately led to inconsistent lower court decisions that continue to confuse as well as frustrate today's educators and parents who are required to confront…

Judicial review of decisions on student discipline is limited in Malaysia. This arises because of the general presumption that in the enforcement of school discipline, educators are able to act in the best interest of the student to maintain a safe learning environment. This article examines the range of disciplinary measures in Malaysian schools…

The current emergence of a human rights culture in South African educational practice has direct bearing on the approach to learner misconduct in public schools. A variety of landmark court cases are discussed here that deal with, inter alia, the school governing body's right to delegate certain powers, the occasional withdrawal of learners'…

Many jurisdictions are showing a trend of school-related negligence cases being taken to court. This article explores the legal principles applied by the courts in England, Australia, Canada, the United States, and New Zealand to ensure the safety of students in schools. As we look at the developments in these countries, we can see student injury…

Historically, the Supreme Court responds to the majority of cases brought before it with a decision or commentary that directs one or both of the parties on what to do--whether reparations by judgment, delivery of specific property, incarceration, or cessation of doing something. In May 1954, when the school segregation cases of "Brown" were…

J. K. Rowling's series about the young, orphaned Harry Potter who escapes his often hostile, nonmagical Muggle (or human) existence for a world of ghosts, spells, and potions, magical objects, and exotic creatures to be found at the Hogwarts School of Witchcraft and Wizardry has captivated a worldwide audience. Since the publication in England of…

Today, school reform efforts that called for the expansion of school choice options for American families and their children are based upon the theory that the ability to select among educational alternatives was connected to rights and privileges guaranteed in the U.S. Constitution. As a part of a national movement toward increased school…

In the fall of 1953, the Supreme Court of the United States received the case of "Brown v. Board of Education of Topeka" (347 U.S. 483, 1954) that raised essential questions, including whether separate but "equal" facilities in education can be provided for black students in the United States or whether the consideration of such societal construct…

On June 27, 2002, the U.S. Supreme Court's decision in "Zelman v. Simmons-Harris" was promulgated by the justices. The case involved the constitutionality of Ohio's Pilot Project Scholarship Program, which provides tuition aid for certain students in the Cleveland City School District to attend participating public or private (religious and…

In the "Columbia Law Review," Harry Jones (1974) illustrates five general and sometimes overlapping purposes of the law. They include the preservation of the public peace and safety, the settlements of individual disputes, the maintenance of security expectations, the resolutions of conflicting social interests, and the channeling of social…