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Full-Text Articles in Law

Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso Apr 2019

Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Aligning Education Rights And Remedies, Joshua Weishart Jul 2018

Aligning Education Rights And Remedies, Joshua Weishart

Law Faculty Scholarship

Over the course of five decades and three waves of litigation, courts have approved remedies under the state constitutional right to education that demand more equitable and adequate funding of public schools. Scholars have urgently called for a 'fourth wave" of litigation seeking remedies beyond money: racial and socioeconomic integration, school choice, universal preschool, and teacher tenure reform, just to name a few. Desperate for progress and to escape the incessant rut of school funding battles, advocates have, in turn, initiated lawsuits seeking a broader range of remedies. If this strategy induces a fourth wave, advocates will encounter a beleaguered …


Reconstituting The Right To Education, Joshua Weishart Jan 2016

Reconstituting The Right To Education, Joshua Weishart

Law Faculty Scholarship

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its distinctive forms and function.

Deconstructed, the right to education held by children has been formulated doctrinally as both a …


El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr. Jan 1998

El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.

Law Faculty Scholarship

No abstract provided.


Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley Feb 1997

Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.


Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley Jul 1992

Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley Oct 1983

Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley Apr 1978

The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.


United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley Mar 1977

United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.