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This chapter explores the potential role of national and international courts and tribunals in relation to claims for environmental damage to areas beyond national jurisdiction (ABNJ). Access to remedies includes facilitating access to international and national courts to initiate claims for environmental harm, but also requires consideration of the associated rules that may constrain the ability of the court or tribunal in question to provide relief, such as jurisdiction, rules on the choice of law and the recognition and enforcement of judgments rendered in such cases. The chapter begins with a discussion of the general rules and principles concerning access to remedies under the rules of state responsibility and domestic civil liability, respectively, before turning to the specific rules in ABNJ. It also addresses the substantial additional challenges that each of these sets of rules pose to realizing the goals of liability regimes, including the need to prevent environmental harm and restore the environment, to provide for effective deterrence of risky behaviour, to ensure a level playing field and to ensure adequate and prompt compensation.
The Supreme Court has devoted nearly a third of its religious freedom cases to questions of religion and education. While government has the power to mandate basic education for all children, the Court has held, parents have the right to choose public, private, or homeschool education for their minor children, and government may now facilitate that choice through vouchers and tax breaks. While the First Amendment forbids most forms of religion in public schools, it protects most forms of religion in private schools. While the First Amendment forbids government from funding the core religious activities of private schools, it permits delivery of general governmental services, subsidies, scholarships, and tax breaks to public and private schools, teachers, and students alike. While the First Amendment forbids public-school teachers from offering religious instruction and expression in public-school classes and events, it permits public-school students to engage in private religious expression free from coercion. The amendment further requires that religious parties have equal access to public facilities, forums, and funds that are open to their nonreligious peers.
In this chapter, we discuss the evolving role of the school psychologist working in early childhood settings, and highlight the importance of early learning and early intervention, standards for training and education of school psychologists to work with young children, and the role of the school psychologist in transitioning young children to kindergarten. We believe that early learning and early childhood education are critical to a healthy, thriving society, including the United States. However, most school psychology graduate programs do not offer knowledge of or experience in early childhood learning, assessment, diagnosis, or intervention. Given the importance of early childhood education and school psychologists’ evolving roles and responsibilities, they are strongly encouraged to engage in professional development activities around early childhood learning, education, assessment, and intervention in order to serve young children optimally. Multiple resources are provided at the end of the chapter to assist school psychologists in increasing their knowledge base regarding early childhood topics.