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

Law Commons

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

Articles 1 - 7 of 7

Full-Text Articles in Law

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett Aug 2016

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Richard W Garnett

No abstract provided.


School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett Nov 2013

School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett

Richard W Garnett

No abstract provided.


The Theology Of The Blaine Amendments, Richard W. Garnett Nov 2013

The Theology Of The Blaine Amendments, Richard W. Garnett

Richard W Garnett

The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom. First, the Article considers what might be called the federalism defense of the provisions. …


The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett Nov 2013

The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett

Richard W Garnett

No abstract provided.


Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett Nov 2013

Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett

Richard W Garnett

No abstract provided.


Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall Nov 2013

Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall

Richard W Garnett

No abstract provided.


Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett Nov 2013

Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett

Richard W Garnett

The Supreme Court's decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students' speech. Perhaps the most intriguing question posed by the litigation, decision, and opinions in More is one that the various Justices who wrote in the case never squarely addressed: What is the "basic education mission" of public schools, and what are the implications of this "mission" for officials' authority and students' free-speech rights. Given what we have come to think the Free Speech clause means, and considering the values it is thought to enshrine and …