The Times has picked up the story. Third parties trying to generate standing by
filing a disciplinary complaint against the judge.
http://www.nytimes.com/2012/11/22/us/oklahoma-judges-sentencing-of-youth-to-church-stirs-criticism.html?ref=us
Douglas Laycock
Robert E. Scott Distinguished
The complaint alleges that all students were required to wear the badge -- not
just those in disciplinary trouble or with a history of truancy. Nothing
individualized about this.
On Wed, 21 Nov 2012 20:47:56 -0800
Scarberry, Mark mark.scarbe...@pepperdine.edu wrote:
The Rutherford Institute
Yes. I did not mean to imply otherwise. The school's website says that it has a
high rate of absences. I gather the school thinks that if it monitors all
students it will somehow be able to claim a higher attendance rate and get more
state funds (which I suppose are based on daily attendance,
I must say that this seems to be an easy case for any civil libertarian to
support even (or perhaps especially) in the absence of a free exercise claim.
The RI is absolutely correct that this is socializing students to be docile
citizens within a surveillance society.
Sandy
- Original
I appreciate Sandy's point, but I wonder whether the matter might be
more complex than that. We don't want docile citizens, but we do want
citizens who comply with legally enacted rules; and we certainly want minor
students who so comply. We expect citizens to display their lack of
Why is this not the pedestrian version of the warrantless GPS?
Marc
- Original Message -
From: Volokh, Eugene [mailto:vol...@law.ucla.edu]
Sent: Thursday, November 22, 2012 01:16 PM
To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Subject: RE: High School Student's
Eugene raises a very interesting point, and he's correct that I do believe, at
least as an initial proposition, that genuine goods that can be purchased by
well-off folks can (even if not must) be provided by the state to
less-well-off persons. I do think the key, though, is some assessment of
NY Times reports that the ACLU in Oklahoma is challenging this. Standing
issues? Just interviewed said he thought he could do this. Perhaps is an
argument for a required first amendment course in all law schools.
Paul Finkelman
President William McKinley Distinguished Professor of Law
I just realized that Doug posted this story already. I should have scrolled
down further. Happy T-Day to all
Paul Finkelman
President William McKinley Distinguished Professor of Law
Albany Law School
80 New Scotland Avenue
Albany, NY 12208
518-445-3386 (p)
518-445-3363 (f)
Though I agree with much that Sandy says (and especially join in his
Happy Thanksgiving wishes), I wonder whether the item below involves the
tailing wagging the dog a bit. Many virtues that we inculcate in schools are
only presumptive virtues, that sometimes must be set aside in favor
I agree with Eugene's statement, but it's important to inculcate in children
from a young age that they are entitled to an explanation from government for
the laws it imposes on individuals (especially if, like children, they are
without voting power), and that a failure to persuade might,
It seems to me that Eugene is talking about ends, and that this is a dispute
about means.
Of course we want students to attend school, we generally want them to comply
with the rules, and we generally want adults and students alike to comply with
the law. But we do not in this country use
I appreciate Doug's point, but I wonder whether the difference between
children and adults might actually be especially significant here. After all,
when it comes to adults, we don't order them to go to school, or allow the
police to pick them up in order to bring them home to their
For what it is worth, at a Thanksgiving table discussion of the issue, which
included my daughter Meira, who has taught in the public schools in Atlanta and
Boston and who now teaches at the Harvard Graduate School of Education (and who
has written a terrific book of her own on civic education,
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