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| 5 Comments »
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…)
Posted in Homeschool Jurisprudence, Homeschool Law, tagged D.C., Due Process, Equal Protection, free exercise, fundamental liberty, HSLDA, hybrid rights, John Holt, Kimberly Yuracko, Meyer v. Nebraska, Oregon v. Smith, People v. DeJonge, Pierce v. Society of Sisters, Sherbert v. Verner, Timothy B. Waddell, Vanderbilt Law Review, Washington, Wisconsin v. Yoder on July 22, 2011| 17 Comments »
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…)
Posted in Homeschool Jurisprudence, Homeschool Law, tagged Catherine J. Ross, Combs v. Homer-Center School District, compelling government interest, Employment Division v. Smith, George Washington University, HSLDA, hybrid rights, Michael Farris, Runyan v. McCrary, Swanson v. Guthrie, tolerance on July 14, 2011| 11 Comments »
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)
A second, fully revised edition of my 2008 book Homeschool: An American History, was published in March of 2017. Get it here!
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Homeschooling Research Notes 