Chief Justice Warren E. Burger

The Ramifications of Wisconsin v. Yoder, Part 3

Professor Feinberg pointed out that American courts have long held that the state has a “sovereign power of guardianship” over minors, which confers upon it the right, or perhaps even the duty, to look after the interests of those who are incapable of protecting themselves. After all, compulsory education laws are designed to end child labor and increase literacy rates […]

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The Ramifications of Wisconsin v. Yoder, Part 2

Below is part two of my paper about the Wisconsin v. Yoder case. I’ve highlighted in bold those arguments I find most compelling. Oddly, it is the parents’ religious freedom Justice Hallows is aiming to protect, but the youth, who cannot speak for themselves, are left without advocates for protection of their religious (and educational) rights, or what Professor Feinberg

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The Ramifications of Wisconsin v. Yoder, Part 1

Of all the questions I get at my book talks, none will get a more passionate response than when someone asks about Amish and why they limit their education to eight grades. Many people are under the impression that education is limited for girls only, but in this case the deprivation is equally shared between the genders. I can never

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