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Full-Text Articles in Law

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.