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Posts Tagged ‘Employment Division v. Smith’

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 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)

(more…)

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