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Articles 1 - 25 of 25
Full-Text Articles in Law
Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield
Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield
William & Mary Bill of Rights Journal
Education is a critical part of nation-building. More specifically, it can also be a powerful pathway to liberty and a tool for disseminating knowledge. However, historically it has been used to subjugate and censor vulnerable groups like women, socio-economically disadvantaged persons, as well as men of color. Therefore, to avoid subordinating members of such minoritized groups and suppressing uncomfortable historical facts, advocates must continually evaluate the purpose and method of education. Such persistent monitoring can provide a basis for constructive reform of public education in the United States. Such reform must also consider changing social conditions.
Presently, for example, public …
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 …
Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton
Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton
Faculty Publications
Since the late nineteenth century, virtually all school-aged children have attended school; only rarely did children live and learn entirely within their homes. In recent decades, however, the practice of elective homeschooling has emerged, and the number of families opting out of regular schools has surged. Currently, the parents of nearly two million school-aged children annually eschew traditional schooling.
A small but well-resourced homeschool lobby has aggressively pressured state legislators to withdraw state oversight of homeschooling. No similarly resourced lobby exists to counterbalance these efforts. As a result, states now impose few—and in some cases, no—obligations on parents who choose …
The Required Law & Public Policy Course In The College Of William & Mary's Master Of Public Policy Program: 25 Years Of Lessons, James S. Heller
The Required Law & Public Policy Course In The College Of William & Mary's Master Of Public Policy Program: 25 Years Of Lessons, James S. Heller
Library Staff Publications
No abstract provided.
Taking Teacher Quality Seriously, Derek W. Black
Taking Teacher Quality Seriously, Derek W. Black
William & Mary Law Review
Although access to quality teachers is one of the most important aspects of a quality education, explicit concern with teacher quality has been conspicuously absent from past litigation over the right to education. Instead, past litigation has focused almost exclusively on funding. Though that litigation has narrowed gross fundinggaps between schools in many states, it has not changed what matters most: access to quality teachers.
This Article proposes a break from the traditional approach to litigating the constitutional right to education. Rather than constitutionalizing adequate or equal funding, courts should constitutionalize quality teaching. The recent success of the constitutional challenge …
Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele
Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele
Library Staff Publications
No abstract provided.
Recovering Subsidiarity In Family Life Education, Karen Jordan
Recovering Subsidiarity In Family Life Education, Karen Jordan
William & Mary Journal of Race, Gender, and Social Justice
This article provides a rigorous analysis of the legitimacy of continuing to rely on and promote school-based family life education, as a way of addressing concerns associated with sexual activity by adolescents. The issue is crucial because empirical evidence strongly suggests that a school-based approach, regardless of curricular content, has failed. For reasons grounded in law and policy, this article advocates that states should retreat from school-based family life education and, instead, recover the insights of the philosophical principle of subsidiarity. Recovering subsidiarity means fully respecting and giving effect to the parental right and duty to educate children in matters …
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon
Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon
Faculty Publications
No abstract provided.
Post-Tenure Review As If It Mattered, Jayne W. Barnard
Post-Tenure Review As If It Mattered, Jayne W. Barnard
Faculty Publications
No abstract provided.
Bad Drafting - A Case Study Of The Design And Implementation Of The Income Tax Subsidies For Education, Glenn E. Coven
Bad Drafting - A Case Study Of The Design And Implementation Of The Income Tax Subsidies For Education, Glenn E. Coven
Faculty Publications
No abstract provided.
State Regulation Of Religious Education, Neal Devins
State Regulation Of Religious Education, Neal Devins
Faculty Publications
No abstract provided.
Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence
Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence
Faculty Publications
The rigors of employment-directed undergraduate education. and decreased emphasis on "Liberal Arts" studies occurring at some colleges and universities has left many graduates with a level of scientific understanding which is inadequate to make infonned choices about issues which effect the environment. To address this lack of scientific understanding. the Chesapeake Bay National Estuarine Research Reserve (Virginia) and the Virginia Institute of Marine Science, with the Marshall-Wythe School of Law and the School of Business Administration of the College of William and Mary are developing a Coastal Ecosystem Science Program to teach future law and business professionals the basics of …
Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case
Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case
William & Mary Bill of Rights Journal
No abstract provided.
The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno
The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno
Faculty Publications
No abstract provided.
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
Faculty Publications
No abstract provided.
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
Faculty Publications
The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.
A Suggested Seminar In Student Rights, William W. Van Alstyne
A Suggested Seminar In Student Rights, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
De-Facto Segregation, Paul Auster
Constitutional Law - De-Facto Segregation
Constitutional Law - De-Facto Segregation
William & Mary Law Review
No abstract provided.
The Deductibility Of Educational Expenses Under Section 162(A) Of The Internal Revenue Code, John J. Harrington
The Deductibility Of Educational Expenses Under Section 162(A) Of The Internal Revenue Code, John J. Harrington
William & Mary Law Review
No abstract provided.
Review Of An Oration, Delivered Before The Two Societies Of The South-Carolina College, N. Beverley Tucker
Review Of An Oration, Delivered Before The Two Societies Of The South-Carolina College, N. Beverley Tucker
Faculty Publications
No abstract provided.