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Posts Tagged ‘Wisconsin v. Yoder’

Record: Jennifer Karinen, “Finding a Free Speech Right to Homeschool: An Emersonian Approach.” The Georgetown Law Journal, 105, No. 1 (2016): 191-215. [Abstract]

Summary: Karinen, a lawyer in New York and graduate of Georgetown University Law Center, in this article explains that a right to homeschool, including for secular purposes, can be assumed from the free speech protections of the First Amendment. (more…)

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Record: Carmen Green, “Educational Empowerment: A Child’s Right to Attend Public School” in The Georgetown Law Journal, 103, (2015): 1090-1133. [Available Here]

Summary: Carmen Green is a student at Georgetown Law. In this article she explores the issues of abuse and neglect among the homeschool community and whether children have a legal right to attend public school, even if the parents choose to homeschool them.

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Record:  Tyler Barnett, “Pulling Back the Curtains: Undetected Child Abuse and the Need for Increased Regulation of Homeschools in Missouri” in B.Y.U. Education & Law Journal (2013): 341-356. [excerpt here]

Summary:  Barnett, a J.D. candidate from the University of Missouri School of Law, here argues that a string of recent troubling cases suggest a need for more rigorous homeschooling regulations in Missouri. (more…)

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Record:  Kenneth V. Anthony, “Declarations of Independence: Home School Families’ Perspectives on Education, the Common Good, and Diversity” in Current Issues in Education 16, no. 1 (February 2013): 1-15. [Abstract here]

Summary:  Anthony, Assistant Professor of Education at Mississippi University for Women, here continues a line of research on which he’s published before about the motivations of conservative Christian homeschooling parents who choose a classical approach. (more…)

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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.

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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 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 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 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…)

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