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Full-Text Articles in Education Law
Analysis Of Carson V. Makin, Wilson Huhn
Analysis Of Carson V. Makin, Wilson Huhn
Duquesne Law Review
Many school districts in the State of Maine lack high schools, so the children in those districts must attend another school selected by their parents.1 In 1873 the State of Maine enacted a tuition assistance program, called "town tuitioning," that offers a stipend to participating schools to partially defray the cost of educating children from districts that lack a high school.2 In 1981 the State of Maine enacted a law that categorically excludes "sectarian schools" from participating in the tuition assistance program.3 The Maine Department of Education defines a "sectarian school" as a school that is both …
Talk Should Be Cheap: The Supreme Court Has Spoken On Compelled Fees, But Universities Are Not Listening, Falco Anthony Muscante Ii
Talk Should Be Cheap: The Supreme Court Has Spoken On Compelled Fees, But Universities Are Not Listening, Falco Anthony Muscante Ii
Duquesne Law Review
Taking money from a person to support political and ideological projects with which that person disagrees is, in the words of Thomas Jefferson, "sinful and tyrannical." Public universities are meddling with sin and tyranny by compelling some students to pay mandatory student activity fees in support of political and ideological activities with which those students disagree. This Article provides separate legal and historical backgrounds for both public union dues and fees and the more-recent public university student activity fees to ultimately propose a constitutional system congruent with Janus v. AFSCME, Council 31, and its impact on Board of Regents …
A "Mere Shadow" Of A Conflict: Obscuring The Establishment Clause In Kennedy V. Bremerton, Ann L. Schiavone
A "Mere Shadow" Of A Conflict: Obscuring The Establishment Clause In Kennedy V. Bremerton, Ann L. Schiavone
Duquesne Law Review
In Kennedy v. Bremerton School District,1 the Roberts Court continued its move to carve out larger spaces for religious practice and expression in public spheres.2 But in so doing it left lower courts and school districts with many more questions than answers concerning what the Establishment Clause means and what it requires of them. Can school districts still protect students from religious coercion by teachers, classmates, and others? Are entanglements between church and state or the appearance of endorsement no longer problematic?3 Should the individual history and tradition of schools and communities influence decision making on …