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Full-Text Articles in Education Law
Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney
Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney
Journal of Legislation
No abstract provided.
The Fundamental Right To Education, Derek W. Black
The Fundamental Right To Education, Derek W. Black
Notre Dame Law Review
New litigation has revived one of the most important questions of constitutional law: Is education a fundamental right? The Court’s previous answers have been disappointing. While the Court has hinted that it might recognize some minimal right to education, it has thus far refused to do so.
To recognize a fundamental right to education, the Court would have to overcome two basic problems. First, the Court needs an originalist theory for why our Constitution protects education, particularly since the word education does not even appear in the Constitution. Second, the right to education implicates complex questions regarding its scope. Those …