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Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman Aug 2015

Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman

Stephen D Sugarman

This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …


Children’S Benefits In Social Security, Stephen D. Sugarman Apr 2015

Children’S Benefits In Social Security, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


Outcome-Based Regulatory Strategies For Promoting Greater Patient Safety, Stephen D. Sugarman Apr 2015

Outcome-Based Regulatory Strategies For Promoting Greater Patient Safety, Stephen D. Sugarman

Stephen D Sugarman

The patient safety movement seeks to reduce the number ofavoidable injuries and diseases that patients suffer while in hospital. Two regulatory strategies in support ofthat movement are explored here. "Required disclosure" would rely on market responses to an increase in publicly available information about hospital errors. "Performancebased regulation" would require hospitals to reduce their error rate or suffer substantialf inancialp enalties. Both approaches are designed to give medical service providers incentives to promote safety without resorting to "command and control" regulation under which government experts tell hospitals how to act.