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Full-Text Articles in Law
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
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
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
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
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
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
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
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 …