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Reconstituting The Right To Education, Joshua Weishart
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 …