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Full-Text Articles in Law
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders
Notre Dame Law Review
In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the Trinity Lutheran …
The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris
The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris
Journal of Legislation
No abstract provided.
Incorrigible Students: A Criminal Oxymoron?, Shannon Lewry
Incorrigible Students: A Criminal Oxymoron?, Shannon Lewry
Notre Dame Law Review
The Note proceeds in two Parts. The remainder of the Introduction presents a closed door: the Supreme Court’s hesitancy, to date, to find juvenile- life-without-parole sentences unconstitutional under the Eighth Amendment. After exploring the contours of the closed Door, the Introduction turns to an open window: education law. This, I argue, may be wielded to attack the lawfulness of juvenile-life-without-parole sentences on wholly nonconstitutional grounds. The Introduction concludes with remarks regarding this Note’s relevance and timeliness. Part I tracks the Note’s central argument, premise by premise, that state compulsory education laws and juvenilelife- without-parole sentences are wholly incompatible. Part II …