Re: Homeschooling, vaccinations, and Yoder

2015-02-04 Thread Steven Jamar
Penn Teller illustrate the value of vaccinations. http://www.kevinmd.com/blog/2015/01/watch-2-magicians-destroy-anti-vaccine-movement-90-seconds.html -- Prof. Steven D. Jamar Howard University School of Law vox: 202-806-8017 fax: 202-806-8567 http://sdjlaw.org

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Ira Lupu
The idea that state legislators, faced with home schooling questions, are reflecting on the best reading of Pierce, Yoder, or the Constitution (and which parts of that would they be reading?) strikes me as spectacularly fanciful. If they cared about what legal research disclosed (rather than what

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Hillel Y. Levin
I'm skeptical that state legislators (for the most part) have formed any informed views about the constitutionality one way or another. I think they are motivated by the things legislators tend to be motivated by: constituents, focused interest groups, the path of least resistance, calculations of

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Marty Lederman
Once again: What question are we asking? I thought we were discussing what exemptions, if any, a legislature should enact (or, more to the point, repeal). And surely it'd be ridiculous for a legislature to craft an exemption limited to minors who promise they'll never have sex. Will, on the

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Volokh, Eugene
I much appreciate Will’s responses; let me offer some in turn. Will writes: (a) When you say you agree that the vaccination analysis might vary by specific vaccine, I assume you mean that the government might have a harder time proving a compelling governmental interest for some

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Will Esser
To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Sent: Monday, February 2, 2015 1:34 PM Subject: RE: Homeschooling, vaccinations, and Yoder #yiv7149436468 #yiv7149436468 -- _filtered #yiv7149436468 {font-family:Helvetica;panose-1:2 11 6 4 2 2 2 2 2 4;} _filtered #yiv7149436468

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Hillel Y. Levin
Doug is mostly correct. The few lower court decisions on point have generally limited Yoder to the Amish (it is sometimes referred to in the cases and literature as the Amish exception). However, I think it is mistake to say that the legality of homeschooling across the country is purely a result

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Doug Laycock
Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Monday, February 02, 2015 4:19 PM To: Law Religion issues for Law Academics Subject: RE: Homeschooling, vaccinations, and Yoder

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Paul Horwitz
Of course, it is also possible that these legislators believe that it *is* unconstitutional to heavily regulate homeschooling, either because it's the best reading of Yoder and Pierce going forward (and given the premise that those decisions leave the point unresolved), or because they are

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Volokh, Eugene
Sent: Monday, February 02, 2015 12:25 PM To: Law Religion issues for Law Academics Subject: Re: Homeschooling, vaccinations, and Yoder Doug is mostly correct. The few lower court decisions on point have generally limited Yoder to the Amish (it is sometimes referred to in the cases and literature

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Hillel Y. Levin
*Sent:* Monday, February 02, 2015 2:15 PM *To:* Law Religion issues for Law Academics *Subject:* Re: Homeschooling, vaccinations, and Yoder I'm skeptical that state legislators (for the most part) have formed any informed views about the constitutionality one way or another. I think

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Levinson, Sanford V
...@lists.ucla.edu] On Behalf Of Scarberry, Mark Sent: Monday, February 02, 2015 6:11 PM To: Law Religion issues for Law Academics Subject: RE: Homeschooling, vaccinations, and Yoder Legislators and others might also think that people have rights beyond those set out in the Constitution or provided

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Volokh, Eugene
: Homeschooling, vaccinations, and Yoder I'm skeptical that state legislators (for the most part) have formed any informed views about the constitutionality one way or another. I think they are motivated by the things legislators tend to be motivated by: constituents, focused interest groups

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Hillel Y. Levin
Date: Mon, 2 Feb 2015 17:14:40 -0500 Subject: Re: Homeschooling, vaccinations, and Yoder To: religionlaw@lists.ucla.edu I'm skeptical that state legislators (for the most part) have formed any informed views about the constitutionality one way or another. I think they are motivated by the things

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Scarberry, Mark
...@lists.ucla.edu] On Behalf Of Hillel Y. Levin Sent: Monday, February 02, 2015 3:49 PM To: Law Religion issues for Law Academics Subject: Re: Homeschooling, vaccinations, and Yoder I think I agree with everything Paul says here, and I didn't mean to suggest naivete or anything else; I just meant

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Douglas Laycock
My colleague Fred Schauer has just published a new book suggesting that neither politicians nor most Americans care what the law is. They comply only when there is a realistic prospect of sanctions. Discouraging, but there it is. Which is why I also teach Remedies. An overview of Fred's book is

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Paul Horwitz
interpretive community. From: hillelle...@gmail.com Date: Mon, 2 Feb 2015 17:14:40 -0500 Subject: Re: Homeschooling, vaccinations, and Yoder To: religionlaw@lists.ucla.edu I'm skeptical that state legislators (for the most part) have formed any informed views about the constitutionality

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Ira Lupu
and the like). sandy *From:* religionlaw-boun...@lists.ucla.edu [mailto: religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Scarberry, Mark *Sent:* Monday, February 02, 2015 6:11 PM *To:* Law Religion issues for Law Academics *Subject:* RE: Homeschooling, vaccinations, and Yoder

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Berg, Thomas C.
Academics' Subject: RE: Homeschooling, vaccinations, and Yoder This is impressionistic and not based on a systematic survey, but home schoolers lost most of their cases challenging restrictions on home schooling. For better or worse, courts said Yoder was only about the Amish. Home schoolers won

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Doug Laycock
This is impressionistic and not based on a systematic survey, but home schoolers lost most of their cases challenging restrictions on home schooling. For better or worse, courts said Yoder was only about the Amish. Home schoolers won their battle in most states politically, through the legislature

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Ira Lupu
:* RE: Homeschooling, vaccinations, and Yoder This is impressionistic and not based on a systematic survey, but home schoolers lost most of their cases challenging restrictions on home schooling. For better or worse, courts said *Yoder* was only about the Amish. Home schoolers won their battle

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Richard Dougherty
*From:* religionlaw-boun...@lists.ucla.edu [mailto: religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Doug Laycock *Sent:* Monday, February 02, 2015 8:31 AM *To:* 'Law Religion issues for Law Academics' *Subject:* RE: Homeschooling

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Will Esser
Dougherty dou...@udallas.edu To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Sent: Monday, February 2, 2015 11:39 AM Subject: Re: Homeschooling, vaccinations, and Yoder If I remember correctly, in Texas the tipping point was a court decision, Leeper v. Arlington, in which

RE: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Volokh, Eugene
, February 02, 2015 10:16 AM To: Law Religion issues for Law Academics Subject: Re: Homeschooling, vaccinations, and Yoder One point which has not been mentioned in this thread is that homeschoolers and religious communities oftentimes object to vaccination on a vaccine specific basis, rather than

RE: Homeschooling, vaccinations, and Yoder

2015-02-01 Thread Finkelman, Paul
I think Yoder set the stage for exemptions from schools and for people to demand, first on religious grounds, and then on secular grounds, the right to keep their children completely out of any schools. There was a significant rise in home schooling after Yoder, although I do not have the