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Compensatory Damages And Special Education Law, Arthur Lang
Compensatory Damages And Special Education Law, Arthur Lang
Arthur Lang
The Individuals with Disabilities Educational Act (IDEA) requires that states receiving federal funds provide a Free and Appropriate Education (FAPE) to students with disabilities. Failing to provide a FAPE is discriminatory under the Equal Protection Clause of the Fourteenth Amendment, the Rehabilitations Act (RA), and the Americans with Disabilities Act (ADA). The IDEA provides remedies to correct inadequacies with compensatory education but does not provide compensatory damages. Parents dissatisfied with the adequacy of the education of a child with special needs have tried to bypass this, using §1983 and the RA to seek damages for an inadequate education under the …
The Marshall Doctrine, The Taney Doctrine And Calhounian Federalism, Arthur Lang
The Marshall Doctrine, The Taney Doctrine And Calhounian Federalism, Arthur Lang
Arthur Lang
The unity of authority vested in Congress over interstate commerce created a single continental economy. While the states of Europe endured centuries of conflict, this centralization of authority contributed to peace and prosperity in the American states. Congress has appropriated its interstate power to confront issues diverse as economic and racial discrimination, and regulatory and criminal law, expanding the rule of the federal government at the expense of the states. This paper will compare the power of the Court to invalidate state law found inconsistent with federal legislative policy under the commerce clause with the power of the Court to …
Judicial Supremacy, School Financing, And Closing The Achievement Gap In New Jersey, Arthur Lang
Judicial Supremacy, School Financing, And Closing The Achievement Gap In New Jersey, Arthur Lang
Arthur Lang
Shadowed by its powerful neighbors to the north and east, New Jersey settled into a multiplicity of residential communities. The people of New Jersey, following in the footsteps of their revolutionary predecessors, jealously protect their rule from home against incursions of the larger realm. With a legislature historically dominated by municipal and county bosses, the judiciary has stepped into the political fray to guard the “general welfare” of the state as a whole. Nowhere has this had so great an impact as in education. New Jersey schools have become well financed and are nationally acclaimed for student achievement. Urban, minority …