Archive for category: Education

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  Measuring Creativity in the Public Schools

  Education February 7, 2012 8:13 pm

  Though there may be much to be said for the axiom that creativity can’t be quantified, at least three states have been working to develop something akin to an objective measure of imagination.

   
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  Employment Discrimation and Who is a “Minister”?

  By Minal Caron, Courts, Education, First Amendment, Labor and Employment January 15, 2012 9:21 pm

  In a unanimous decision, the Supreme Court held on Wednesday that a “ministerial exception” barred a parochial school teacher from pursuing an employment discrimination claim against the church that runs the school. This opinion dramatically limits the scope of protection provided to religious employees under the “primary duties” test, the standard previously used by several federal circuits. Although lower courts can continue to carve out areas in which exceptional circumstances may compel the conclusion that the ministerial exception need not apply, “ministers” now receive no protection under civil rights or other discrimination statutes.

   
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  Resolving Conflicts Between Professional Ethics, Religious Beliefs, and Free Speech

  Education, First Amendment, LGBTQ Rights January 11, 2012 7:46 pm

  For the last seventy-five years, Augusta, Georgia has predominantly been known for its connection to the Masters, one of the nation’s most tradition-laden events in all of sports.  But less than a mile from Magnolia Lane, Augusta State University (ASU) has become embroiled in a legal controversy with a former [...]

   
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  Taking Cheap Shots at Occupy Harvard

  Education, First Amendment, Original Content December 8, 2011 4:21 pm

  On Monday, November 28, a group of 20 to 30 Occupy Harvard protesters attempted to disrupt a Goldman Sachs recruiting session being hosted by Harvard’s Office of Career Services. Three days later, the Crimson ran an editorial reprimanding the protesters’ behavior.

   
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  New York Nonprofit Builds Calm in the Classroom

  Education, Issue Areas, Poverty and Economic Justice November 15, 2011 10:51 pm

  Turnaround for Children, a New York-based nonprofit, has been partnering directly with high-poverty schools and districts to transform the physical and emotional environments in which children spend the school day.

   
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  Is Necessity the Mother of Advertisements?

  Education November 2, 2011 12:25 am

  In an attempt to offset fiscal woes, Pennsylvania’s Pennsbury School District recently contracted to allow extensive advertising in its schools. The ads—the district plans to install over 200—will be located on the walls, floors, lockers, and cafeteria tables of Pennsbury’s 16 primary, middle, and high schools.

   
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  Cyberbullying and the Tinker Standard

  By Matt Giffin, Education, First Amendment October 17, 2011 12:43 am

  In the wake of several recent high-profile tragedies, several states have enacted or toughened laws aimed at suppressing the phenomenon of cyberbullying. On one hand, new legislation often represents the much-needed updating of outdated stalking and harassment laws to reflect the prevalence of online communication. Although such laws can suffer [...]

   
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  Employment Discrimination Law in Parochial Schools

  By Minal Caron, Education, First Amendment, Labor and Employment October 16, 2011 11:23 pm

  “[T]his is tough and I’m stuck on this.” Justice Breyer expressed the prevailing theme of the oral arguments before the Supreme Court in Hosanna-Tabor v. EEOC. The oral arguments demonstrated that the justices are having a difficult time delineating the boundaries of the ministerial exception. Professor Laycock sketches out a broad ministerial exception that would prevent judges from interpreting religious doctrines where a church’s interpretation could reasonably vary [...]