Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Review Of: The Amish Incident: Rural Conflict And Compromise And The Amish Incident: Wisconsin V. Yoder—Kelly Rundle And Tammy Rundle, Jewel Yoder Kuhns Aug 2022

Review Of: The Amish Incident: Rural Conflict And Compromise And The Amish Incident: Wisconsin V. Yoder—Kelly Rundle And Tammy Rundle, Jewel Yoder Kuhns

Journal of Amish and Plain Anabaptist Studies

Award-winning documentary filmmakers Kelly and Tammy Rundle have created two short films focusing on historical conflicts over parochial Amish education in Wisconsin and Iowa. Their first film, The Amish Incident: Rural Conflict and Compromise, released in 2019, follows the rising controversy in rural Buchanan County, Iowa, from the bitterly contested 1961 vote to merge two school districts in neighboring towns Oelwein and Hazleton to the dramatic 1965 “incident” when education officials tried to forcibly transport Amish students to the local public school. The second film, The Amish Incident: Wisconsin v. Yoder, released in 2021, picks up the story …


Symposium Review: Amish And Old Order Mennonite Schools: A Concise History—Joseph Stoll; And The School By The Cornfield—Samuel Coon, Jewel Yoder Kuhns, Daniel L. Yoder Aug 2022

Symposium Review: Amish And Old Order Mennonite Schools: A Concise History—Joseph Stoll; And The School By The Cornfield—Samuel Coon, Jewel Yoder Kuhns, Daniel L. Yoder

Journal of Amish and Plain Anabaptist Studies

Joseph Stoll, in Amish and Old Order Mennonite Schools: A Concise History, and Samuel Coon, in The School by the Cornfield, provide two very different perspectives on the struggle to establish Anabaptist schools. The books contrast primarily in their geographic and chronological scope. However, both write about parochial schools with a voice sympathetic to the vision of Amish and Mennonite school founders. They use similar sources, drawing on newspaper accounts, published Amish schools’ histories, and Amish and Mennonite periodicals, as well as personal recollections from individuals involved in school conflicts. [First paragraph.]


The Gravamen Of Wisconsin V. Yoder At Fifty, 1972-2022, Benjamin King Aug 2022

The Gravamen Of Wisconsin V. Yoder At Fifty, 1972-2022, Benjamin King

Journal of Amish and Plain Anabaptist Studies

After an arduous journey of more than four years that Wallace Miller, Jonas Yoder, and Adin Yutzy began in New Glarus, WI, the U.S. Supreme Court handed down its landmark decision in Wisconsin v. Yoder , 406 U.S. 205 on May 15, 1972. In affirming the Supreme Court of Wisconsin’s decision reversing the convictions of Miller, Yoder, and Yutzy (Respondents) for violating the compulsory school attendance statute, the U.S. Supreme Court found that enforcement of the statute violated the Respondents’ rights pursuant to the free exercise of religion clause conferred by the First Amendment and made applicable to the states …


The Ramifications Of Wisconsin V. Yoder: Six Foundational Problems With A 50-Year Old Landmark Case, Torah Bontrager Aug 2022

The Ramifications Of Wisconsin V. Yoder: Six Foundational Problems With A 50-Year Old Landmark Case, Torah Bontrager

Journal of Amish and Plain Anabaptist Studies

My essay introduces the 1972 United States Supreme Court case Wisconsin v. Yoder to readers who don’t come from a legal background who want to understand the negative ramifications of the case and how it affects their individual rights. Yoder says that children of practicing Amish don’t have a right to any education and future other than one inside the Amish Church. My essay deconstructs the case from the perspective of an Amish American woman— yours truly — who escaped in the middle of the night at age 15 because of how this ruling has shaped the Amish people. I …


The Amish Beard Cutting Case: A Defense Lawyer’S Perspective, Edward Bryan Oct 2019

The Amish Beard Cutting Case: A Defense Lawyer’S Perspective, Edward Bryan

Journal of Amish and Plain Anabaptist Studies

An assistant federal public defender who represents Sam Mullet from the Bergholz, Ohio, Amish community shares his take on the case.

On November 23, 2011, I met Amish bishop Samuel Mullet in a holding cell in the federal courthouse in Youngstown, Ohio. He was arrested that morning, along with six other men from his Amish community in Bergholz, Ohio. In the fall of 2011, there was a series of beard and hair cutting incidents in Amish communities throughout eastern Ohio, and Mullet and the others arrested were accused of these attacks and charged with violating the Federal Hate Crimes Act …


Old Order Amish Education: The Yoder Decision In The 21st Century, Karen Johnson-Weiner Oct 2019

Old Order Amish Education: The Yoder Decision In The 21st Century, Karen Johnson-Weiner

Journal of Amish and Plain Anabaptist Studies

Prior to the 1972 ruling by the U.S. Supreme Court in Wisconsin v. Yoder, et al., parents found themselves in court in a number of states. This essay explores the Yoder decision and its relevance for the Amish today, contrasting the understanding of Amish life implicit in the Supreme Court decision with the reality of the twenty-first century Amish world. In particular, it notes that the agency afforded the Amish by the Supreme Court’s decision in the Yoder case means that, as the Amish increasingly engage with the mainstream, education has for many become less about isolating children from the …