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Archive for the ‘Homeschool Jurisprudence’ Category

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…)

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This post reviews Paul A. Alarcón, “Recognizing and Regulating Home Schooling in California: Balancing Parental and State Interests in Education” in Chapman Law Review, 13 (2010): 391-416.

Alarcón, about whom I was unable to find any information on the web, here presents a summary of the recent In re Rachel L. and Jonathan L. decisions in California and an argument that the California legislature should pass new legislation that explicitly gives parents a right to homeschool but requires that they submit annual notification of intent to homeschool and annual standardized test scores.

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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.

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This post reviews Catherina Groeneveld, “Judicial Constructions of Compulsory Schooling in Germany.”  M.A. Thesis, National University of Ireland, 2010.

Groeneveld, a reader of this blog, recently defended this thesis and graciously sent it to me for review.  Its aim is to explain why German judges, despite a gradual softening of the German public toward homeschooling, continue to hand down decisions that condemn the practice.

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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…)

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This post reviews Catherine J. Ross, “Fundamentalist Challenges to Core Democratic Values: Exit and Homeschooling.” in William and Mary Bill of Rights Journal 18, 991-1014 (2010).  [Available Here]

Ross, Professor of Law at George Washington University, here argues several claims:

1. assertions homeschoolers make to constitutional authority for their practice are false

2. the state’s interest in preparing children for life in a pluralist democracy trumps parental liberty interests in controlling children’s educations

3. in custody battles where homeschooling is at issue, the state should prefer formal schooling to homeschooling

4. states should engage in “far more stringent oversight and regulation of homeschooling than exists in any state at present.” (p. 992)

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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…)

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This post reviews Ronald Kreager, Jr., “Homeschooling: The Future of Education’s Most Basic Institution,” in University of Toledo Law Review, 42, no. 1 (Fall 2010): 227-233. [Excerpt available here]

Kreager, a J.D. candidate at the University of Toledo College of Law, here pens a sprawling and somewhat eccentric article on several topics related to homeshooling.

He begins with a cursory history of homeschooling, (more…)

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This post reviews Teri Dobbins Baxter, “Private Oppression: How Laws that Protect Privacy Can Lead to Oppression” in Kansas Law Review 58, no. 2 (January 2010): 415-471   [Available for purchase here]

Baxter, Professor of Law at St. Louis University, here seeks to get leverage on how to best handle the FLDS (Fundamentalist Church of Jesus Christ of Latter Day Saints) issue that blew up in Texas two years ago.  As I described in a recent post, the FLDS made the news in a big way when their Texas compound was raided in April of 2008 by Texas State authorities, who removed 437 children from the site, prompting the largest child custody battle in U.S. history and enormous media coverage.

After summarizing the raid and its aftermath, Baxter does two things.  First, she surveys the various U.S. Constitutional issues the situation raises.  Second, she delves deeply into most of the important state-level court cases that have limned the extent of parental rights in terms of homeschooling.  Why her focus on homeschooling law?  Read on to find out.  (more…)

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This post links to and briefly summarizes two recent child custody cases where homeschooling plays an important role.  The topic is important for several reasons.  First, these are the kind of cases that homeschooling advocacy groups like HSLDA know better than to get involved in, so they don’t.  Because of this lack of involvement they are not the kind of cases that are generally publicized in the homeschooling community, which is a shame because they get at some important and often painful realities.  Second, these cases help explain why the debate over the competing rights of parents, state, and child is not going to go away.  Third, they offer a window into the real world of homeschooling that one never reads about in the how-to books.  Of course we must be quick to note that the stories recounted in these court cases are by no means typical or normal.  It would be a terrible mistake to generalize about the entire world of homeschooling from these troubling and sordid examples.  But it would be an equally terrible mistake to pretend that such things are not going on as we work out public policy.  These are not isolated instances, as this post from Roscommon Acres and the related posts at the end of it make plain.  Here are the cases: (more…)

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