Posted in Homeschool Jurisprudence, Homeschool Law, tagged Due Process, Employment Division v. Smith, First Amendment, Fourteenth Amendment, free exercise, hybrid rights, Linda Wang, Meyer v. Nebraska, Pierce v. Society of Sisters, St. John's University School of Law, strict scrutiny, Troxel v. Granville on September 3, 2011|
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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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Posted in Homeschool Jurisprudence, tagged First Amendment, FLDS, Fourteenth Amendment, Fundamental Church of Jesus Christ of Latter Day Saints, Home School Legal Defense Association, HSLDA, Kansas Law Review, Private Oppression, Religious Freedom Restoration Act, RFRA, right to privacy, St. Louis University, strict scrutiny, Teri Dobbins Baxter, U.S. Constitution, Yearning for Zion on March 15, 2010|
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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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