Education Commons^™

Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo

Charles J. Russo

As expansive as the Supreme Court’s view of the First Amendment religion clauses has been, its jurisprudence has demonstrated that its rulings do not always achieve the outcomes desired by proponents of religious freedom.3 From the perspective of supporters of religious freedom, this realization lends credence to the preceding wry comment by Justice Scalia. This article details the Court’s inconsistent treatment of Christianity, and people of faith broadly, especially in educational settings. These inconsistent judicial outcomes run the risk of increasingly marginalizing matters of faith and conscience in the public square.4 As discussed in this article, disputes over the status …

Reutter’S The Law Of Public Education, Charles J. Russo

Charles J. Russo

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Charles J. Russo

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,² likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …

The Law Of Public Education, Charles J. Russo

Charles J. Russo

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights. There are now two chapters on student rights. The author also includes Supreme Court opinions on strip searches of students, teacher bargaining and free speech rights.

Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo

Charles J. Russo

A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools1 to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,2 a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,3 the Court struck down the Defense of Marriage Act thereby requiring …

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Charles J. Russo

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal …

Handbook Of Comparative Higher Education Law, Charles J. Russo

Charles J. Russo

The Handbook of Comparative Higher Education Law addresses legal issues from institutions of higher learning in seventeen countries on all six inhabited continents in a reader friendly manner. All chapters follow the same outline on institutional issues, faculty rights, student rights, and emerging issues so that similarities and differences can be compared. An introductory chapter provides an overview on the legal status of higher education as selected in various international covenants. In addition, a concluding chapter draws the themes addressed throughout the book together and centers on the concept of best practice management. This book serves as valuable resource for …

Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo

Charles J. Russo

School business officials (SBOs) must, in many respects, serve as all things to all people in their workplaces. Put another way, SBOs must be knowledgeable about a wide range of legal issues ranging from contracts to setting policy to state biding laws let alone constitutional matters involving the rights of students and teachers. Aware of the fact that issues involving the law are at the heart of many of a SBO’s duties, the chapters in this edited book have been written by a diverse array of individuals with experience as educational leaders in schools and/ or who possess significant expertise …

A Cautionary Tale Of Collective Bargaining In Public Education: A Teacher's Right Or Tail Wagging The Dog?, Charles J. Russo

Charles J. Russo

Beyond terms and conditions of employment, topics such as salaries and fringe benefits, issues that, again, were central in Wisconsin and Ohio, courts agree that an array of topics are subject to mandatory negotiations. ...

Put another way, Wisconsin led the way as the first state to mandate negotiations for public sector employees, including teachers, while also being the initial jurisdiction to enact reforms aimed at limiting the scope of unions and collective bargaining. ...

The fact that the attempted recall of Walker failed aside, such a strategy raises a question about the power of unions who represent a minority …

International Perspectives On Student Behavior: What We Can Learn, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Charles J. Russo

The second volume of companion books on comparative student discipline identifies the best practices in dealing with student misconduct, on six continents, in a legally sound manner. It is essential for educators to examine national as well as international practices addressing student misconduct in schools because learner misbehavior often has a detrimental effect on the quality of teaching and learning in elementary and secondary schools. The countries covered are Brazil, China, Malaysia, Turkey and South Africa.

Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Charles J. Russo

A cornerstone for effective teaching and learning is vested in the quality of the way in which students focus on the content of their lessons. The chapters in this book, then, offer cross-national perspectives on best practices when dealing with the challenge of student misconduct. The chapter authors, all distinguished academics and/ or jurists, have contributed their reviews of the state of the law and practice in their nations. As readers peruse the chapters, they will recognize that the way in which educators address student discipline varies around the world. The first book of its kind, this volume consists of …

'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?, Charles J. Russo

Charles J. Russo

The United States Congress passed the Equal Access Act (EAA)1 and forwarded it to President Ronald W. Reagan, who signed it into law on August 11, 1984.2 The EAA was enacted in response to Widmar v. Vincent, 3 a 1980 Supreme Court case from higher education where the Justices ushered in a renaissance of sorts in religious liberty. In Widmar, treating religious expression as a subset of free speech,4 the Court ruled that officials at a state university in Missouri could not deny a Christian group access to institutional facilities so long as the university permitted other organizations to meet …

Concussions And Student Sports: A 'Silent Epidemic', Susan C. Davies, Charles J. Russo, Allan G. Osborne

Charles J. Russo

An issue that has gained attention concerns concussions among student–athletes in elementary and secondary schools. In fact, in light of the “silent epidemic” of concussions among student–athletes, in the six month period ending in August of 2011, the number of states that enacted statutes on concussion management jumped from eleven to thirty–one and the list of jurisdictions with laws in place continues to grow.

Based on the significance of concussion management, the remainder of this article is divided into two sections. The first part of the article examines the background on concussions while the second offers recommendations for concussion management …

A Primer On Copyright And Fair Use, Ann E. Biswas, Charles J. Russo

Charles J. Russo

One student creates a video for class using a Lady Gaga song. Another puts together a PowerPoint presentation about the Vietnam War using images she found online. A third student adds a link to a YouTube video in a blog post for an English class. One teacher photocopies and distributes articles from a national newspaper. Another teacher records a television documentary at home and shows it to her class. Did those students and teachers violate copyright law? The complex, evolving laws governing copyright and fair use are muddied by the rapid growth and use of technology in schools, yet it's …

The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley

Charles J. Russo

In Elk Grove Unified School District v Newdow (Elk Grove) the Supreme Court, in an 8–0 judgment, with three concurrences, upheld the words ‘under God’ in the Pledge of Allegiance. In light of the uproar caused by Elk Grove, this article is divided into three parts. After reviewing the history of the Pledge the second section examines the litigation involving the pledge, including Elk Grove in this regard. The article concludes with brief reflections on the meaning of Elk Grove.

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 2nd Ed., Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you: Understand the implications of-and methods available for-searching personal property and employees' computers Create legally sound drug-testing policies Know what constitutes permissible student and staff searches-and what doesn't And more!