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Equal protection

Education Law

University of South Carolina

Publication Year

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Full-Text Articles in Law

Educational Gerrymandering: Money, Motives, And Constitutional Rights, Derek Black Dec 2019

Educational Gerrymandering: Money, Motives, And Constitutional Rights, Derek Black

Faculty Publications

Public school funding plummeted following the Great Recession and failed to recover over the next decade, prompting strikes and protests across the nation. Courts did almost nothing to stop the decline. While a majority of state supreme courts recognize a constitutional right to an adequate or equal education, they increasingly struggle to enforce the right. That right could be approaching a tipping point. Either it evolves, or risks becoming irrelevant.

In the past, courts have focused almost exclusively on the adequacy and equity of funding for at-risk students, demanding that states provide more resources. Courts have failed to ask the …


The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act, Derek W. Black Feb 2010

The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act, Derek W. Black

Faculty Publications

No abstract provided.