The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…

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…

Tim Keller's article insightfully explores the flawed legal reasoning behind and potentially pernicious consequences of the Arizona Supreme Court's 2009 "Cain vs. Horne" ruling. He carefully examines the two fundamental flaws in the court's interpretative methodology: a failure to engage in a straightforward textual analysis of Arizona's…

In this article, Jim Carl uses archival sources and interviews to chronicle the effort to bring school vouchers to New Hampshire. In 1973, the New Hampshire Department of Education initiated a plan, funded by the U.S. Office of Economic Opportunity, to institute vouchers in a handful of school districts. Though the initiative had the support of…

Describes and analyzes December 2000 Sixth Circuit Court of Appeals holding that Cleveland school voucher program violated the Establishment Clause of the U.S. Constitution. (PKP)

The U.S. Supreme Court through its interpretation of the First Amendment Establishment Clause may ultimately determine whether state-funded voucher proposals are widely adopted. This paper overviews changes in Establishment-Clause doctrine, reviews relevant litigation, and explores potential implications of recent legal developments. (Contains 80…

In the past 2 years, the United States Supreme Court has decided two important cases that will bear directly on legislation and litigation involving school choice programs that provide financial aid to parents of children attending religious schools. Those cases are "Zelman v. Simmons-Harris" (2002) and "Locke v. Davey" (2004).…