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Full-Text Articles in Law

School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett Nov 2013

School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett

Nicole Stelle Garnett

No abstract provided.


A Winn For Educational Pluralism, Nicole Stelle Garnett Nov 2013

A Winn For Educational Pluralism, Nicole Stelle Garnett

Nicole Stelle Garnett

This short essay takes as its starting point on the Supreme Court’s recent decision in Winn v. Arizona Christian Tuition Organization, which involved an Establishment Clause challenge to Arizona’s scholarship tax program — a school-choice device that provides tax credits from state income taxes for donations to organizations granting scholarship to private K-12 schools. In Winn, a divided court ruled that taxpayers lack standing to challenge this and other tax credit programs — thereby dramatically limiting the Flast v. Cohen exception to the no-taxpayer-standing rule. The essay makes the case that the Winn will promote authentic educational pluralism by clearing …


Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett Nov 2013

Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett

Nicole Stelle Garnett

This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …


Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett Nov 2013

Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett

Nicole Stelle Garnett

No abstract provided.


Affordable Private Education And The Middle Class City, Nicole Stelle Garnett Nov 2013

Affordable Private Education And The Middle Class City, Nicole Stelle Garnett

Nicole Stelle Garnett

This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …