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Full-Text Articles in Law

Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton Sep 2020

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 ...


Restoring Fairness To Campus Sex Tribunals, Cynthia Ward Jul 2018

Restoring Fairness To Campus Sex Tribunals, Cynthia Ward

Faculty Publications

No abstract provided.


Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer Sep 2016

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

Faculty Publications

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 ...


Section 5: Race, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2015

Section 5: Race, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Members Only: Undocumented Students & In-State Tuition, Angela M. Banks Dec 2013

Members Only: Undocumented Students & In-State Tuition, Angela M. Banks

Faculty Publications

No abstract provided.


No Accounting For School Vouchers, James G. Dwyer Apr 2013

No Accounting For School Vouchers, James G. Dwyer

Faculty Publications

No abstract provided.


Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks Jan 2013

Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks

Faculty Publications

No abstract provided.


The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer Jun 2012

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

Faculty Publications

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.


Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon Jan 2011

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.


Playing Cowboys And Indians, B. Glenn George Oct 2006

Playing Cowboys And Indians, B. Glenn George

Faculty Publications

No abstract provided.


Giftedness, Disadvantage, And Law, Cynthia V. Ward Jul 2005

Giftedness, Disadvantage, And Law, Cynthia V. Ward

Faculty Publications

No abstract provided.


The Liberal State's Response To Religious Visions Of Education, James G. Dwyer Apr 2005

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

Faculty Publications

No abstract provided.


Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong Jan 2005

Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong

Faculty Publications

No abstract provided.


School Accountability And ‘High Stakes’ Testing, James G. Dwyer Jan 2004

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

Faculty Publications

No abstract provided.


The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas Apr 2003

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Faculty Publications

No abstract provided.


Funding Religion In A Post-Zelman World, James G. Dwyer Jan 2003

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

Faculty Publications

No abstract provided.


Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas Jan 2000

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

Popular Media

No abstract provided.


Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas Jan 2000

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Faculty Publications

No abstract provided.


Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1999

Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas Oct 1998

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas Jan 1998

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.


The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas Jan 1997

The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas

Faculty Publications

No abstract provided.


The End Of Busing?, Davison M. Douglas Jan 1997

The End Of Busing?, Davison M. Douglas

Faculty Publications

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 Jan 1996

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

Faculty Publications

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 ...


Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas Jan 1995

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

Popular Media

No abstract provided.


Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins Apr 1994

Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins

Faculty Publications

No abstract provided.


The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas Jan 1994

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Faculty Publications

No abstract provided.


Toil Of The Firestarters, Peter A. Alces Jan 1994

Toil Of The Firestarters, Peter A. Alces

Faculty Publications

No abstract provided.


Philadelphia Plan, Neal Devins Jan 1994

Philadelphia Plan, Neal Devins

Faculty Publications

No abstract provided.


Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins Jan 1992

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

Faculty Publications

No abstract provided.