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Full-Text Articles in Law
Homeschooling's Harms: Lessons From Economics, George Shepherd
Homeschooling's Harms: Lessons From Economics, George Shepherd
Akron Law Review
For more than two centuries, supporters of school choice programs, such as homeschooling, have attempted to invoke economic analysis. They have argued that school choice will cause public schools to improve because the public schools will no longer be monopolies; the new competition will discipline the public schools to improve. The argument is incorrect, as shown by both economic theory and empirical analysis. Economic theory indicates that, because of special characteristics of the market for education, competition will harm public schools, not help them. Likewise, empirical economic analysis confirms that competition will tend to harm public schools. Indeed, earlier school-choice …
Equal Protection - Property Taxes As A Method Of Funding Public Education; San Antonio Independent School District V. Rodriguez, Mark K. Croft
Equal Protection - Property Taxes As A Method Of Funding Public Education; San Antonio Independent School District V. Rodriguez, Mark K. Croft
Akron Law Review
Suit was brought in U.S. District Court for the Western District of Texas challenging the constitutionality of the Texas school financing system on the theory that it discriminated on a basis of wealth, permitting provision of a higher quality of education to be offered the children in property-rich school districts while residents pay a lower tax rate, thus denying equal protection of the law.' The District Court found the laws forming this system unconstitutional on this basis. Appeal brought the case to the Supreme Court in October of 1972, where it was reversed.
Minimum Competency Testing - Redundancy Or Necessity? An Analysis Of The Educational And Legal Issues, Dianne L. Goss
Minimum Competency Testing - Redundancy Or Necessity? An Analysis Of The Educational And Legal Issues, Dianne L. Goss
Akron Law Review
This article will discuss the pros and cons of the movement, first from an educational viewpoint, then from a legal perspective, touching on some current state plans and programs and offering suggestions and conclusions.
School Board Authority And First Amendment Rights: The View After Board Of Education, Island Trees V. Pico, Joseph D. Mccann
School Board Authority And First Amendment Rights: The View After Board Of Education, Island Trees V. Pico, Joseph D. Mccann
Akron Law Review
This analysis will begin with an examination of the historical bases for the state's educational authority and the traditional limitations placed on this authority by the courts. Next, the genesis of students' rights will be reviewed along with the restrictions the growth of these rights has imposed upon school board authority. The paper will then turn to the Pico case itself - surveying the various judicial approaches taken in balancing the interests of school board authority and students' rights and scrutinizing these approaches for the proper theoretical framework for student first amendment rights analysis. Finally, the paper will examine the …
The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco
The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco
Akron Law Review
This note will present an overview of early case law relevant to the Education of the Handicapped Act ("EHA"), discuss the facts and rationale of the Burlington v. Department of Education decision, and analyze the implications of Burlington as they relate to implementing the EHA in the future.
Cleveland And Milwaukee's Free Market Solution For The "Pedantic Heap(S) Of Sophistry And Nonsense" That Plague Public Education: Mistakes On Two Lakes?, Douglas S. Edwards
Cleveland And Milwaukee's Free Market Solution For The "Pedantic Heap(S) Of Sophistry And Nonsense" That Plague Public Education: Mistakes On Two Lakes?, Douglas S. Edwards
Akron Law Review
This Comment summarizes the existing comprehensive analysis of federal and state constitutional challenges to voucher programs. It examines how the groundbreaking Cleveland and Milwaukee plans addressed these critical issues, and makes suggestions for legislators wishing to implement similar plans in their states. The suggestions are intended to: 1) facilitate the passage of such measures; 2) mitigate the most divisive arguments of voucher opponents; 3) allay the fears of the legislators and their constituents; and 4) fortify such plans against probable legal challenges.
Citizenship Education And The Free Exercise Of Religion, Tyll Van Geel
Citizenship Education And The Free Exercise Of Religion, Tyll Van Geel
Akron Law Review
Part One of this article provides a broad-brush overview of constitutional doctrine as it bears on citizenship education in the public schools. The remaining parts of the article focus on a Free Exercise challenge to the introduction of a Callaneseque program of citizenship education in a public school. Part Two thus explicates Callan’s theory. Part Three outlines my approach to the Free Exercise Clause. Part Four applies that approach to a challenge brought against a Callanesque program of citizenship education. Part Five takes up other possible rights-based limits on the education power and offers a suggestion regarding how citizenship education …