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Open Access. Powered by Scholars. Published by Universities.®

2018

Law Faculty Scholarship

Education Law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Compromised Right To Education, Joshua Weishart Jul 2018

The Compromised Right To Education, Joshua Weishart

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 …