The United States and Brazil have histories of colonization, slavery, and racial inequalities. In addition, both countries have adjudicated cases centered on the use of affirmative action admissions policies in higher education but with differing results. The constitutional court of Brazil, the Supremo Tribunal Federal, ruled universities could…

The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…

This essay discusses Justice Anthony M. Kennedy's choice to foreground arguments from due process rather than equal protection in the majority opinion in Lawrence v. Texas. Kennedy's choice can realize constitutional legal doctrine that is more consistent with radical queer politics than arguments from equal protection. Unlike some recent…

The topic of social justice in U.S. teacher education has a long and protracted history that harkens back to the civil rights movement of the mid-20th century, with its attendant legal rulings and constitutional amendments that sought to undo the legacy of discrimination against communities of color, women, and the poor. What is lost,…

In the following pages, Robert Moses tells the history of the early civil rights movement in Mississippi, focusing on the individuals, alliances, and strategies that brought about fundamental change in the United States and ultimately made possible the election of Barack Obama to the presidency. Moses describes how the efforts of Justice…

As society's views of sexual orientation and gender identity have significantly evolved in recent years, school districts across the country are addressing how to create policies that align with the law in this area. One recent issue involves laws and policies focused on transgender students and their right to access restrooms that align with…

Reviews the constitutional and political issues that are likely to be considered as the U.N. Convention on the Rights of the Child moves toward ratification by the U.S. Senate. A review of juvenile justice, education, religious freedom, and definitional concerns concludes that political issues are the real stumbling block. (SLD)

This report, for the first time ever, provides a state-by-state breakdown of the key elements a policymaker needs in order to understand the legal environment for school choice in any given state--and to craft appropriate legislation to expand educational opportunity. This guide is intended to arm policymakers and advocates with the essential…

The ABA Division for Public Education asked a panel of experts--Joyce Baugh, Mary Dudziak, Michael Gerhardt, Timothy Johnson, John Maltese, Mark Moller, Jason Roberts, Elliot Slotnick, and David Yalof--to respond to questions about the judicial nomination process. These questions touched on the balance between the president and the Senate, the…

The general conversation today about the USA PATRIOT Act and its historical and legal significance must be contextualized with reference to a series of 1970s U.S. Supreme Court decisions regarding the U.S. Border Patrol that directly undergird the PATRIOT Act. The Supreme Court long ago turned the U.S. borderlands adjoining Mexico into a permanent…

This article suggests that any approach to the issue of access to higher education in the United Kingdom not view the approach of the United States in the recent University of Michigan cases as providing appropriate guidance. It is the author's assertion that the United States Supreme Court has failed to recognize the present effects of a long…

An introduction to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of criminal procedure and the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crime on its victims, and legislation to aid victims.…

Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution, or of the New Hampshire Constitution? No. A…

Law has been neglected as an area of inquiry in citizenship education. Fundamental to citizenship education is the teaching of the Constitution of the United States and the Bill of Rights in elementary and secondary schools. The bicentennials of these documents will be celebrated within the next decade. Law-related inquiry could enrich the…

Discusses the state of children's rights in the United States in the wake of U.S. Senate refusal to ratify the U.N. Convention on the Rights of the Child. Examines the discrepancy between the U.S. leadership role in human rights and child advocacy and the legal system's treatment of children strictly according to law. (JPB)