Feeds:
Posts
Comments

Posts Tagged ‘Pierce v. Society of Sisters’

This post reviews Anthony Barone Kolenc, “When ‘I Do’ Becomes ‘You Won’t!’–Preserving the Right to Home School After Divorce” in Ave Maria Law Review 9, no. 2 (2010-2011): 263-302.

Kolenc is a  lawyer in the U.S. Air Force, adjunct faculty member at Saint Leo University, homeschooling father of five, and author of the monthly column “Legally Speaking” in The Old Schoolhouse magazine.  Here he constructs a legal argument aimed at helping divorced homeschooling parents involved in custody disputes.

Kolenc begins with the Kurowski case, which I discussed here and here.  Here’s the summary I wrote a few months ago of the facts of the case: (more…)

Read Full Post »

This post reviews Robert Kunzman, “Education, Schooling, and Children’s Rights: the Complexity of Homeschooling” in Educational Theory 62, no. 1 (February 2012): 75-89.

Kunzman, as readers of this blog know very well, is one of the leading scholars currently working on homeschooling.  He is author of the important book Write These Laws on Your Children: Inside the World of Conservative Christian Homeschooling; he’s written many articles on homeschooling; and he maintains a helpful site that catalogs homeschooling research here.

A couple of years ago I reviewed an earlier piece by Kunzman on government regulation of homeschooling that dealt with some of the same themes he addresses here.  Back then Kunzman argued against various kinds of government regulations, concluding that only tests evaluating a homeschooler’s grasp of basic literacy and numeracy should be mandated.

This current article is a bit more theoretical.  It aims not so much to set out an explicit policy proposal as to argue for why certain domains should be considered legal rights (and thus be scrutinized by the government) while other, perhaps equally important domains, should not. (more…)

Read Full Post »

This post reviews Linda Wang, “Who Knows Best? The Appropriate Level of Judicial Scrutiny on Compulsory Education Laws Regarding Home Schooling” in Journal of Civil Rights and Economic Development, 25 (Winter 2011); 413-448.

Wang, a recent J.D. from St. John’s University School of Law, here seeks to make sense of the conflicting and hazy Constitutional principles at play in cases regarding homeschooling law and liberty. (more…)

Read Full Post »

This post reviews Courtenay E. Moran, “How to Regulate Homeschooling: Why History Supports the Theory of Parental Choice” in University of illinois Law Review, 2011, no. 3 (2011): 1061-1094. [Available Here]

Moran, a J. D. candidate at the University of Illinois College of Law and former homeschooler himself, here offers an ambitious, historically-grounded legal argument for the viability of limited goverment regulation of homeschooling.

(more…)

Read Full Post »

This post reviews Consuelo Valenzuela Lickstein, “Race and Education at a Crossroads: How Parents Involved in Community Schools v. Seattle School District No. 1 and Wisconsin v. Yoder Shed Light on the Potential Conflict Between the Black Homeschooling Movement and K-12 Affirmative Action Programs” in The Journal of Gender, Race and Justice 13 (Spring 2010): 835-857.

Lickstein, an associate at Choate Hall and Stewart LLP and recent graduate of University of Iowa College of Law, here presents an interesting thought experiment about homeschooling and diversity in public schools.

(more…)

Read Full Post »

This post reviews Timothy B. Waddell, “Bringing it all Back Home: Establishing a Coherent Constitutional Framework for the Re-Regulation of Homeschooling” in Vanderbilt Law Review, 63, 541-598. [Available fulltext here]

Waddell, a recent graduate from Vanderbilt Law School and now a clerk for the U.S. District Court of Alabama, here presents a constitutional argument for increased regulation of homeschooling and much else besides. (more…)

Read Full Post »

This post reviews J. C. Blokhuis, “Whose Custody is it Anyway?: ‘Homeschooling’ from a Parens Patriae Perspective,” in Theory and Research in Education, 8, no. 2 (August 2010): 199-222.  [Abstract available here]

Blokhuis, Assistant Professor of Education at Renison University College at the University of Waterloo in Canada, here presents a bracing challenge to the common claim that parents have a Constitutional right to raise their children as they see fit.  He does this by explaining how the common law doctrine parens patriae limits their custodial authority.  He hones in especially on how this doctrine limits homeschooling rights.  (more…)

Read Full Post »

This post reviews Robert Kunzman, “Understanding Homeschooling: A Better Approach to Regulation” in Theory and Research in Education 7, no. 3 (November 2009): 311-330

Kunzman, well known on this blog as the author of the excellent study Write These Laws on Your Children: Inside the World of Conservative Christian Homeschooling, here engages explicitly the aspect of his work that has caused the most controversy.  Kunzman’s book is an in-depth profile of several Christian homeschooling families.  He only briefly mentions government regulation in it, but that small part of the book has been the near exclusive focus of homeschoolers, many of whom now see him as just another critical academic who wants to take away their freedoms.  In this article Kunzman offers a more complete presentation of his position on homeschool regulation.  Here’s what he says:  (more…)

Read Full Post »

This post reviews Chad Olsen, “Constitutionality of Home Education: How the Supreme Court and American History Endorse Parental Choice” in Brigham Young University Education and Law Journal 2 (2009): 399-423

Olsen, a law student at BYU’s J. Reuben Clark Law School, here provides a fascinatingly detailed, though flawed, analysis of the famous In re Rachel L. case, the 2008 California Court of Appeals decision that unleashed a national outcry by finding that California law did not permit homeschooling.    (more…)

Read Full Post »

In a previous post I reviewed Perry Glanzer’s robust critique of Rob Reich’s argument for increased government regulation of homeschooling.  This post reviews Reich’s response to Glanzer titled “On Regulating Homeschooling: A Reply to Glanzer” published in Educational Theory 58, no. 1 (2008): 17-23.  (more…)

Read Full Post »

Follow

Get every new post delivered to your Inbox.

Join 47 other followers