Privatizing Education:The Liberal Democratic Idea, Constitutionalism,and the Politics of Vouchers

Arguments about the education of the young are at least as old as Socrates. However, it is fair to suggest that the voucher debate that has erupted over the past few years is qualitatively different from many that have preceded it. Rather than arguing about whether public schools are deficient, and if so, in what respects; rather than debating the merits of one "reform" over another, the issue has become whether America should continue to support a system of free, publicly controlled schools or whether government?s educational role should be reduced to dispensing vouchers to families, enabling them to "buy" educational services in the marketplace. It is a classic political confrontation, engaging partisan strategies and implicating political ideologies.
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The Muffled Voice of The Child: American Health Care & Children’s Rights

The American legal system accords a high value to personal and bodily autonomy; in the context of medical care, physicians who violate patient autonomy may even be subject to criminal sanctions. It is axiomatic that competent individuals have the right to refuse medical treatment. But children are not recognized as competent as a matter of law. Their privacy rights may be infringed upon a showing of a significant state interest, although the state must show a compelling interest to justify similar infringements on the rights of an adult. Moreover, children are naturally dependent on parents or guardians who are legally presumed to have their best interests at heart. Lost among these legal axioms and presumptions are the voices of the children.
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A Prolegomenon on Restraint of Children: Implicating Constitutional Rights

News media have brought to public attention a disturbing number of deaths proximal to the use of physical restraints in the past year. Use of these procedures has been shown to be dangerous and lethal to patients. In this discussion we explore restraints as an intervention and argue that their use may not only be unethical as a therapeutic intervention, but that their use may have constitutional implications…
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