Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…

A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half…

This article provides an overview of non-religion-based state constitutional challenges to educational voucher and tax credit/scholarship programs. The first section discusses litigation examining whether education voucher programs violate constitutional provisions requiring the legislature to provide an efficient system of public schools. The…

Ralph Carr had neither expected, nor wanted, to be governor. Carr was at the midpoint of his second term as governor when the Japanese struck Pearl Harbor on December 7, 1941. Public sentiment and the popular press overwhelmingly supported the incarceration of Japanese Americans. On February 18, 1942, for example, one Colorado newspaper editor…

In the absence of incontrovertible performance data in support of, or opposition to, school vouchers, court decisions on their legality become increasingly important. Analysis of legal challenges provides a rich opportunity for scholars and policymakers to follow arguments for or against their positions. We present a chronicle of the litigation…

Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional…

This dissertation is a "public forum" legal case study on the federal court case "Madison v. Wolf" (2005) involving a conflict over the exercise of First Amendment speech rights on the Auraria Higher Education Center (AHEC) campus in Denver, Colorado. The dissertation involves the content analysis of the "Mason v.…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

The University of Colorado's Ward Churchill is but the latest in a long line of professors whose volatile statements have created controversy for themselves and their universities. Specific personnel matters in the case have been meticulously addressed in Boulder, but several larger questions have been curiously neglected. One might well ask, for…

A year ago, an upstate New York college withdrew a speaking invitation to Wade Churchill, a University of Colorado professor who had characterized 9/11 victims as "little Eichmanns." Churchill's portrayal of 9/11 victims as a mixture of conscious and unwitting participants in a systemic evil of Holocaust proportions indeed was…