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Full-Text Articles in Law
Education, Antidomination, And The Republican Guarantee, Kip M. Hustace
Education, Antidomination, And The Republican Guarantee, Kip M. Hustace
William & Mary Bill of Rights Journal
This Article offers a new interpretation of the United States Constitution’s republican guarantee and theorizes its protection of a fundamental right to education. Courts and education law scholars have identified the republican guarantee as a plausible source of educational rights but have not detailed how. Drawing on recent work by legal scholars, historians, political scientists, and philosophers, this Article reinterprets the guarantee as the federal government’s obligation to secure freedom as nondomination, and it argues that excellent, equitable public education is necessary to fulfilling this duty. Nondomination, a robust conception of freedom, is freedom from subjection to the will of …
A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer
A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer
Popular Media
Elizabeth Bartholet, Morris Wasserstein Public Interest Professor and Faculty Director of the Child Advocacy Program (CAP), and James Dwyer, the Arthur B. Hanson Professor of Law at William & Mary Law School, were interviewed by Harvard Law Today about their virtual conference titled, Homeschool Summit: Problems, Politics, and Prospects for Reform. The June event was attended by leaders in education and child welfare policy, legislators and legislative staff, academics and policy advocates, medical professionals, homeschooling alumni, and others, to discuss children’s rights in connection with homeschooling in the United States.
Democratizing Education Rights, Joshua E. Weishart
Democratizing Education Rights, Joshua E. Weishart
William & Mary Bill of Rights Journal
If the United States is to reverse its creeping, illiberal descent, generations of youth must emerge from this tribal, post-truth, pandemic-shattered era to mend democracy. Hope for that uncertain future lies in re-engineering how schoolchildren learn democracy-- not from a civics textbook but by experiencing it in the classroom. The sad irony is that we still lack a knowledge base, grounded in research, for that type of democratic education. Nearly two and a half centuries into the republic's existence, our commitment to democratic education is honored more in the breach than in observance. And our uninformed, polarized, and disaffected electorate …