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Articles 1 - 11 of 11
Full-Text Articles in Law
Cheer On Separation Of School, Religious Messages, Alan E. Garfield
Cheer On Separation Of School, Religious Messages, Alan E. Garfield
Alan E Garfield
No abstract provided.
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Pepperdine Law Review
No abstract provided.
Affirmative Action In Education Weighed Again, Alan E. Garfield
Affirmative Action In Education Weighed Again, Alan E. Garfield
Alan E Garfield
No abstract provided.
July 12, 2012: What Is Law School For?, Bruce Ledewitz
July 12, 2012: What Is Law School For?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is Law School For?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 4, 2012: How To Be Religious, Bruce Ledewitz
July 4, 2012: How To Be Religious, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to be Religious“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia
How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia
UF Law Faculty Publications
This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
University of Richmond Law Review
No abstract provided.
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
At common law, and (for most of the nation's history) under state statutory regimes, the authority of the parent to direct the child's upbringing was a matter of duty, not right, and chief among parental obligations was the duty to provide the child with a suitable education. It has long been a legal commonplace that at common law the parent had a "sacred right" to the custody of his or her child, that the parent's right to control the upbringing of the child was almost absolute. But this reading of the law is sorely anachronistic, less history than advocacy on …
American School Finance Litigation And The Right To Education In South Africa, Scott R. Bauries
American School Finance Litigation And The Right To Education In South Africa, Scott R. Bauries
Law Faculty Scholarly Articles
This paper addresses the South African Constitution's invitation to the Constitutional Court to 'consider foreign law' when interpreting its provisions. Focusing on the education provisions found in section 29 of the Constitution, I make two claims. Firstly, contrary to the developing consensus, American state supreme court jurisprudence in school funding cases makes a poor resource to aid the interpretation of the basic South African right to education, regardless of the quantum of education that the Constitutional Court decides is encompassed by the word 'basic'. Secondly, however, certain aspects of these same American decisions, particularly the space they provide for a …
The Education Duty, Scott R. Bauries
The Education Duty, Scott R. Bauries
Law Faculty Scholarly Articles
A constitution is an instrument of entrustment. By adopting a democratic constitution, a polity places in the hands of its elected representatives its trust that those representatives will act to pursue the ends of the polity, rather than their own ends, and that they will do so with an eye toward the effects of adopted policies. In effect, the polity entrusts lawmaking power to its legislature with the expectation that such power will be exercised with loyalty to the public and with due care for its interests. Simply put, legislatures are fiduciaries.
In this Article, I examine the nature of …