Constitutional Law. Establishment of Religion. Third Circuit Holds That Prayer at Graduation Is Unconstitutional Even If It Results from a Student Vote. ACLU v. Black Horse Pike Regional Board of Education, 84 F.3d 1471 (3d Cir. 1996)

1997 ◽  
Vol 110 (3) ◽  
pp. 781
2018 ◽  
Vol 43 (4) ◽  
pp. 269-296 ◽  
Author(s):  
Dale D. Pierson

The Supreme Court’s decision in Janus v. AFSCME overrules a forty-year precedent, Abood v. Detroit Board of Education, which required nonmembers to pay their “fair share” of the costs of union representation. Janus represents a broader attack on unions, and the entire National Labor Policy of free collective bargaining designed to promote labor relations stability and ameliorate economic inequality. But as is characteristic of twenty-first century anti-union ideology, when elevated to constitutional law, it creates opportunities for labor unions and a broader coalition of workers, activists, and their natural allies. This article explores post- Janus legal, legislative, and organizational options for labor and, in particular, ways for unions to address the “free-rider” problem.


Author(s):  
Henrique Rangel ◽  
Carlos Bolonha ◽  
Igor De Lazari

O presente artigo propõe uma comparação entre Brown vs. Board of Education (1954) e Obergefell vs. Hodges (2015). A primeira decisão, por ser sensivelmente abstrata e influente no direito constitucional norte-americano, passou por um processo marcante de mitificação acerca de seu caráter contramajoritário. A segunda também protegeu uma minoria social com base na interpretação da cláusula de proteção igualitária e, assim, pode ser alvo desse mesmo fenômeno. Diante desse processo de mitificação, sustenta-se a hipótese de que há natureza majoritarista nas decisões de Brown e Obergefell. Embora ambas as decisões tenham protegido direitos de minorias sociais, tais mudanças interpretativas foram adiadas pela Suprema Corte norte-americana até que uma maioria qualificada de Estados já as tivesse implementado. A metodologia se baseou em dois parâmetros: o comportamento decisório da Corte e o status quo constitucional da matéria, representado pelo número de Estados favoráveis ou contrários a determinada interpretação constitucional. AbstractThis article proposes a comparison between Brown vs. Board of Education (1954) and Obergefell vs. Hodges (2015). The first decision is significantly abstract and influential in American constitutional law. In this sense, it has passed through a remarkable process of mystification about its countermajoritarian character. The second one also has protected a social minority based on the interpretation of the equal protection clause. Thus, it is supposed to be aimed by the same phenomenon. Before this mystification process, this article supports the follow hypothesis: Brown and Obergefell decisions indicate a majoritarian profile. Both decisions have protected rights of social minorities, but the U.S. Supreme Court has delayed such interpretative changes until a qualified majority of the American States has already provided it. The methodology consists of two analytical parameters: the decision-making of the Court and the constitutional status quo of the matter defined by the number of States favorable or contrary to certain constitutional interpretation.


2022 ◽  
pp. 1369-1395
Author(s):  
Jorge Sánchez-Torres

Since the implementation of Bilingual Education in Spain, research has focused on studying ways to improve the quality of this educational model. However, although there are aspects that threaten its correct functioning and/or implementation, little has been done to find solutions to those issues. Thus, this chapter presents findings from a research conducted in Seville, Spain, and compare them to those of some current studies in different autonomous communities to conclude that some important issues that have been previously reported but have not been solved are the lack of linguistic and methodological training for the stakeholders and time for coordination or planning, and confusion regarding specific information (roles, functions, procedures, etc.), among others. Most importantly, the chapter concludes that a number of actions should be taken by the regional Board of Education and/or schools to improve the quality of the bilingual education offered in Andalusia.


Author(s):  
Jorge Sánchez-Torres

Since the implementation of Bilingual Education in Spain, research has focused on studying ways to improve the quality of this educational model. However, although there are aspects that threaten its correct functioning and/or implementation, little has been done to find solutions to those issues. Thus, this chapter presents findings from a research conducted in Seville, Spain, and compare them to those of some current studies in different autonomous communities to conclude that some important issues that have been previously reported but have not been solved are the lack of linguistic and methodological training for the stakeholders and time for coordination or planning, and confusion regarding specific information (roles, functions, procedures, etc.), among others. Most importantly, the chapter concludes that a number of actions should be taken by the regional Board of Education and/or schools to improve the quality of the bilingual education offered in Andalusia.


1987 ◽  
Vol 31 (3) ◽  
pp. 252-271 ◽  
Author(s):  
P. Watkins ◽  
F. Rizvi ◽  
L. Angus

This paper discusses a research project, conducted over 1985 and 1986, which studied a regional board of education in Victoria. It describes how the board members have constructed and developed their understanding of their roles and functions and how, in such a process, they have negotiated a collective identity for the regional board. The research raises a number of issues concerning the nature and scope of democratic governance: in particular, the relationship between the regional bureaucracy and the regional board, the problem of representativeness and, more generally, the tension between representative and participatory democracy.


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