Law Commons^™

Higher Ed Has Faults -- But Don't Ignore Its Utility, A. Benjamin Spencer

Popular Media

No abstract provided.

Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton

Faculty Publications

Since the late nineteenth century, virtually all school-aged children have attended school; only rarely did children live and learn entirely within their homes. In recent decades, however, the practice of elective homeschooling has emerged, and the number of families opting out of regular schools has surged. Currently, the parents of nearly two million school-aged children annually eschew traditional schooling.

A small but well-resourced homeschool lobby has aggressively pressured state legislators to withdraw state oversight of homeschooling. No similarly resourced lobby exists to counterbalance these efforts. As a result, states now impose few—and in some cases, no—obligations on parents who choose …

Contract Law And The Liberalism Of Fear, Nathan B. Oman

Faculty Publications

Liberalism’s concern with human freedom seems related to contractual freedom and thus contract law. There are, however, many strands of liberal thought and which of them best justifies contract is a difficult question. In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller offer a vision of contract based on autonomy. Drawing on the work of Joseph Raz, they argue that extending autonomy should be the law’s primary concern, which requires that we extend the range of contractual choices available. While there is much to admire in their work, I argue that autonomy as conceived by Dagan and Heller …

Public Reason As A Public Good, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

On Difference And Equality, Cynthia V. Ward

Faculty Publications

No abstract provided.

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Faculty Publications

No abstract provided.

Book Review Of Liberalism And Republicanism In The Historical Imagination, Cynthia V. Ward

Faculty Publications

No abstract provided.