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Full-Text Articles in Law
The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega
The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega
Connie de la Vega
In San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973), the United States Supreme Court held that wealth discrimination was not illegal discrimination and that the right to be educated was not a fundamental constitutional right. This article contends that international human rights law provides broad authority for a right to equal opportunity to education and is a useful tool for those seeking to develop theories that that right exists under either the state or federal constitutions. This article provides a brief introduction to those cases in which courts have been asked to look at international human rights …
Protecting Economic, Social And Cultural Rights, Connie De La Vega
Protecting Economic, Social And Cultural Rights, Connie De La Vega
Connie de la Vega
This article reviews the international human rights standards relevant to protecting and promoting economic, social, and cultural rights in the United States, focusing particularly on those norms that would assist advocates of welfare and education rights. It discusses three ways in which these norms can be used in litigation before federal and state courts in the United States and argues that, in order to make more effective use of these standards, parties should raise the standards themselves, and not rely solely on amici curiae briefs or on courts' raising the standards sua sponte. This article also asserts that civil rights …