Recently added articles from Brigham Young University Law Review:
School Voucher Programs: What the Research Says About Parental School Choice
Mar 01, 2008; Wolf, Patrick J ... I. INTRODUCTION A number of important policy questions surround school voucher initiatives. Before a new voucher program is enacted, policymakers usually want to know answers to questions such as: (1) Do voucher programs primarily serve disadvantaged students?; (2) Do parents like ...
Beyond the Free Market: The Structure of School Choice
Mar 01, 2008; Moe, Terry M ... I. INTRODUCTION School choice is the most controversial reform in American education. When parents are given the right to choose, critics argue, children from advantaged families reap the rewards of new educational opportunities, while the less advantaged are left behind in the regular ...
Morality and Public School Speech: Balancing the Rights of Students, Parents, and Communities
Mar 01, 2008; Jenkins, Peter J ... Suppose culturally conservative parents living in a culturally liberal community discover that the local public elementary school is teaching their children that same-sex unions are just as acceptable as traditional marriage. May the parents prevent the school from teaching a message they find ...
Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice*
Mar 01, 2008; Witte, Daniel E; Mero, Paul T ... I. INTRODUCTION Utah's new school voucher law has meant many things to many people. For the thirty-seven percent of our Hispanic and African-American public-school1 students who do not graduate with a high-school diploma, Utah's voucher law represented a sense of hope and opportunity.2 ...
The Civic Side of School Choice: An Empirical Analysis of Civic Education in Public and Private Schools
Mar 01, 2008; Campbell, David E ... I. INTRODUCTION Social scientists have long had an interest in the civic education of adolescents, although research on the subject has waxed and waned over the last three or four decades.1 After a flurry of research in the 1960s and early 1970s, studies of civic education slowed to a ...
The Effects of Vouchers and Private Schools in Improving Academic Achievement: A Critique of Advocacy Research
Mar 01, 2008; Lubienski, Christopher; Weitzel, Peter ... I. INTRODUCTION: VOUCHERS AND ACHIEVEMENT IN PUBLIC AND PRIVATE SCHOOLS Proposals and programs to use publicly-funded vouchers to move children from public to private schools are perhaps the most controversial educational reform of the last two decades. While there are a number of ...
The Parcel as a Whole: A Presumptive Structural Approach for Determining When the Government Has Gone Too Far*
Mar 01, 2008; Woffinden, Keith ... "The DENOMINATOR is the number which shows into how many parts a thing has been divided .... The NUMERATOR is the number which shows how many parts, expressed by the denominator, are taken."1 I. INTRODUCTION In 1968, the owners of the Grand Central Terminal in New York City ...
School Vouchers, Thomas Jefferson, Roger Williams, and Protecting the Faithful: Warnings from the Eighteenth Century and the Seventeenth Century on the Danger of Establishments to Religious Communities
Mar 01, 2008; Finkelman, Paul ... I. INTRODUCTION The State of Utah just dodged a bullet-an alleged silver bullet that was to cure the "problems" of public education. By an overwhelming vote, the people of Utah voted down the proposed school vouchers bill.1 Patrick Byrne, the key supporter of the lawwho spent millions of ...
The Constitutional Parameters of School Choice*
Mar 01, 2008; Bolick, Clint ... I. INTRODUCTION In a conference about school choice, it is somewhat perverse that it is even necessary to have an article addressing constitutional issues. After all, the United States is a nation doctrinally committed to parental hegemony1 and educational opportunity,2 and school choice ...
Changing Perceptions of Private Religious Schools: Public Money and Public Trust in the Education of Children
Mar 01, 2008; Bassett, William W ... I. INTRODUCTION Public perception of the private religious school affords the necessary subtext for the debate about emerging law and policy regarding parental choice in the education of children. Perception is the foundation of trust. An elementary or secondary school is more than a ...
Welcoming Remarks
Mar 01, 2008; Walker, Olene S ... It is an honor for me to welcome you to the State of Utah and to the Brigham Young University campus. I commend the J. Reuben Clark Law School, the David O. McKay School of Education, and especially Cole Durham and the staff of the International Center for Law and Religion Studies for their ...
Why the Supreme Court Changed Its Mind About Government Aid to Religious Institutions: It's a Lot More than Just Republican Appointments
Mar 01, 2008; Laycock, Douglas ... I. INTRODUCTION Over the past two decades, the Supreme Court's approach to government funding of secular services provided by religious institutions has shifted from tight restrictions on aid to general approval of nondiscriminatory aid delivered through mechanisms of private choice ....
State Constitutionality and Adequacy: Signposts of Concern on Utah's Path Toward Developing Vouchers
Mar 01, 2008; Ferrin, Scott Ellis; Hallam, Pamela R ... I. INTRODUCTION The State of Utah was the focus of a national education debate in 2007 after the legislature passed a universal voucher program, House Bill 148,1 by the slim margin of one vote.2 The voucher would have allowed any public school student who left public schools after ...
The Insignificance of the Blaine Amendment
Mar 01, 2008; Green, Steven K ... Few events in American constitutional history have been as maligned as the Blaine Amendment of 1876. ' The proposed federal amendment sought to apply the proscriptions of the First Amendment religion clauses to the actions of state governments while it expressly prohibited the appropriation of ...
Introduction to Symposium: Educational Choice: Emerging Legal and Policy Issues
Mar 01, 2008; Kirkham, David M ... American educators and policymakers generally acknowledge a peaceful, profitable co-existence between public and private education, which lends itself to an overall healthy national educational environment. There are occasions, however, when the nation's private and public educational interests ...