Courts and Law

A protester holds an “END QUALIFIED IMMUNITY” sign during a Black Lives Matter protest in Brooklyn, New York, on July 4, 2020.

Schooling Qualified Immunity

Should educators be shielded from civil liability for violating students’ rights?
Representative Lauren Boebert’s Zoom background

What Teachers Spy in Homes over Zoom Winds up in Court

Visible guns, Trump banners get students in trouble
Student holds a sign outside a news conference that reads "LAUSD: My children deserve a better education WE WANT EQUALITY"

As Unions and Public Officials Push to Keep Schools Closed, Parents Fight Back

Lawsuits on behalf of special needs students, private school parents have greatest chance of success
Montana resident Kendra Espinoza poses in front of the white-marble court building with her daughters Naomi (right) and Sarah (left) in Washington, D.C., on January 19, 2020.

A Landmark Ruling for Religious Schools

The future implications of Espinoza v. Montana Department of Revenue

Justice Alito’s Brief Retelling of Blaine Amendment History

"Bigoted code language" and the claim that "popery is the natural enemy of general education."

A Short-Lived Constitutional Right to Education

Full Sixth Circuit will rehear case of Gary B v. Whitmer
Supreme Court

EdNext Podcast: Supreme Court Hears Oral Arguments in Espinoza v. Montana

Joshua Dunn, a professor of political science at the University of Colorado Colorado Springs, joins Education Next Editor-in-chief Marty West to discuss the Supreme Court case Espinoza v. Montana Department of Revenue, which challenges Montana’s ban on tax-credit scholarships to religious schools.

The Education Exchange: School Choice and Blaine Amendments in Montana

Richard Komer, a former Senior Litigation Attorney at the Institute for Justice, joins Paul E. Peterson to discuss Espinoza v. Montana Department of Revenue, a case which could declare the Blaine Amendments in 38 state constitutions unconstitutional.
Bloomfield High School transgender athlete Terry Miller, second from left, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, far left, and other runners in the Connecticut girls Class S indoor track meet at Hillhouse High School in New Haven, Conn.

Funeral Homes and Female Athletes

Future of girls' sports may hinge on mortuary case
Governor Andrew Cuomo's new guidelines proposed inspecting non-public schools every five years. The rules were successfully challenged in a New York state court earlier this year.

New York State Cracks Down on Jewish Schools

Senator Simcha Felder and Rabbi Chaim Dovid Zwiebel meet the long shadow of Joseph Hodges Choate

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