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Full-Text Articles in Law
Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover
Faculty Publications
This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Faculty Publications
No abstract provided.
Sweatt V. Painter, The End Of Segregation, And The Transformation Of Education Law, Jonathan L. Entin
Sweatt V. Painter, The End Of Segregation, And The Transformation Of Education Law, Jonathan L. Entin
Faculty Publications
This Article will analyze these aspects of the Sweatt case. Part I describes the facts leading to the litigation. Part II examines the Supreme Court precedents facing Sweatt's attorneys, both in the area of school segregation and in the field of education generally. This section concludes that the Court at best seemed pre- pared only to enforce the Plessy doctrine, and none too rigorously at that. Part III focuses upon the process of making the record at the trial. This section demonstrates how Sweatt's counsel took advantage of ambiguities in the prior cases to lead the Curt to address the …