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Selected Works

2008

Constitutional Law

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Full-Text Articles in Law

Bush V. Boumediene: The Court Is Back, Jay Dratler Jun 2008

Bush V. Boumediene: The Court Is Back, Jay Dratler

Jay Dratler

This short article is a follow-up to a piece I wrote two years ago on Hamdan v. Rumsfeld, SSRN No. 913822. While applauding the result in Hamdan, I critiqued the Supreme Court for missing a “teachable moment” and obscuring the great issues at stake in prolixity and mind-numbing technical detail.In this article, I applaud the Boumediene v. Bush Court not only for its result—that the Constitution’s Suspension Clause can require habeas corpus for aliens held abroad under certain circumstances—but for its reasoning and style as well. This time, the majority of five did not miss its “teachable moment,” but placed …


Special Education Funding And Fape In Lakewood, Arthur Lang Jan 2008

Special Education Funding And Fape In Lakewood, Arthur Lang

Arthur Lang

Federal law requires each State to offer a free and appropriate education to students found in private schools. New Jersey grants each private school student found to need special education services $2,135 for a free and appropriate education in a public school, while each student initially found in public schools is granted $14,531 (including categorical aid).