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Articles 1 - 30 of 616

Full-Text Articles in Law

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins Sep 2019

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins

Neal E. Devins

No abstract provided.


The Bob Jones Case - Over To Congress, Neal Devins Sep 2019

The Bob Jones Case - Over To Congress, Neal Devins

Neal E. Devins

No abstract provided.


Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins Sep 2019

Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins

Neal E. Devins

In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues that …


State Regulation Of Christian Schools, Neal Devins Sep 2019

State Regulation Of Christian Schools, Neal Devins

Neal E. Devins

No abstract provided.


Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins Sep 2019

Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins

Neal E. Devins

No abstract provided.


Social Meaning And School Vouchers, Neal Devins Sep 2019

Social Meaning And School Vouchers, Neal Devins

Neal E. Devins

No abstract provided.


School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins Sep 2019

School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins

Neal E. Devins

No abstract provided.


Philadelphia Plan, Neal Devins Sep 2019

Philadelphia Plan, Neal Devins

Neal E. Devins

No abstract provided.


Restoring Fairness To Campus Sex Tribunals, Cynthia Ward Sep 2019

Restoring Fairness To Campus Sex Tribunals, Cynthia Ward

Cynthia V. Ward

No abstract provided.


Giftedness, Disadvantage, And Law, Cynthia V. Ward Sep 2019

Giftedness, Disadvantage, And Law, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


Toil Of The Firestarters, Peter A. Alces Sep 2019

Toil Of The Firestarters, Peter A. Alces

Peter A. Alces

No abstract provided.


Fundamentalist Schools And The Law, Neal Devins Sep 2019

Fundamentalist Schools And The Law, Neal Devins

Neal E. Devins

No abstract provided.


Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins Sep 2019

Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins

Neal E. Devins

No abstract provided.


Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas Sep 2019

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas Sep 2019

Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas

Davison M. Douglas

No abstract provided.


The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer Sep 2019

The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer

James G. Dwyer

Some tout parental school choice as a strategy for promoting, among other school-related goods, educational innovation. This Article offers clarifying and skeptical thoughts about that position. It first explains what “educational innovation” and “parental choice” mean. It then considers what limitations on this strategy might arise from existing legal regulations, from market forces, or from ethical obligations to children. Finally, the Article explains why parental choice is also unlikely to improve education for the children most in need of a better academic environment and suggests an alternative approach to student reassignment that is much more likely to do so.


The Liberal State's Response To Religious Visions Of Education, James G. Dwyer Sep 2019

The Liberal State's Response To Religious Visions Of Education, James G. Dwyer

James G. Dwyer

No abstract provided.


The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer Sep 2019

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

James G. Dwyer

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …


School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer Sep 2019

School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer

James G. Dwyer

No abstract provided.


School Accountability And ‘High Stakes’ Testing, James G. Dwyer Sep 2019

School Accountability And ‘High Stakes’ Testing, James G. Dwyer

James G. Dwyer

No abstract provided.


Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer Sep 2019

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

James G. Dwyer

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …


No Accounting For School Vouchers, James G. Dwyer Sep 2019

No Accounting For School Vouchers, James G. Dwyer

James G. Dwyer

No abstract provided.


Funding Religion In A Post-Zelman World, James G. Dwyer Sep 2019

Funding Religion In A Post-Zelman World, James G. Dwyer

James G. Dwyer

No abstract provided.


Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins Sep 2019

Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins

Neal E. Devins

No abstract provided.


Defining Effective Civil Rights Enforcement In Education, Neal Devins Sep 2019

Defining Effective Civil Rights Enforcement In Education, Neal Devins

Neal E. Devins

No abstract provided.


Closing The Classroom Door On Civil Rights, Neal Devins Sep 2019

Closing The Classroom Door On Civil Rights, Neal Devins

Neal E. Devins

No abstract provided.


Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins Sep 2019

Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins

Neal E. Devins

No abstract provided.


Can A Unitary District Choose Neighborhood Schools?, Neal Devins Sep 2019

Can A Unitary District Choose Neighborhood Schools?, Neal Devins

Neal E. Devins

No abstract provided.


Bob Jones University V. U.S.: A Political Analysis, Neal Devins Sep 2019

Bob Jones University V. U.S.: A Political Analysis, Neal Devins

Neal E. Devins

No abstract provided.


A Constitutional Right To Home Instruction?, Neal Devins Sep 2019

A Constitutional Right To Home Instruction?, Neal Devins

Neal E. Devins

No abstract provided.