This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

In the early 1980s, the University of Notre Dame Law School's Center for Constitutional Studies surveyed 801 religiously affiliated colleges to determine which federal laws and regulations had a "serious potential" of interfering with the character and mission of the schools. From the 226 responses, the Center identified 11 issues, three…

In April 2003 the Colorado legislature created a school voucher program that has the potential to become one of the largest in the nation. Initially limiting the number of children eligible for vouchers to only 1% of the student population in each of the 11 low-performing school districts targeted by the legislation, or about 3,400 students…

Analyzes the private school choice debate through a review of the political and judicial history of efforts to provide private schools and their patrons with forms of public aid. It is predicted that a federal tax credit or tuition plan is not likely to succeed in Congress. (SLD)