Add to ORKGWhat is the scope of judicial power to enforce positive rights, such as the right to education? This Note analyzes litigation outcomes in state education finance lawsuits to examine how state courts exercise their authority within the limits of the separation of powers doctrine. The Note argues that practical, non-legal factors play an important role in a judge\u27s decision to grant remedies addressing unconstitutional legislative inaction to provide an adequate public education. In conclusion, the Note discusses the efficacy of education litigation in light of the judicial s jurisdictional limits, as well as the realities of state politics
Over the course of five decades and three waves of litigation, courts have approved remedies under t...
Over the course of five decades and three waves of litigation, courts have approved remedies under t...
[Excerpt] Court decisions involving the adequacy of public education raise some obvious separation ...
What is the scope of judicial power to enforce positive rights, such as the right to education? This...
The separation of powers doctrine creates a strong presumption in favor of judicial deference to leg...
The separation of powers doctrine creates a strong presumption in favor of judicial deference to leg...
Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny ...
Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny ...
In the first study of opinions handed down in education adequacy litigation between January 2005 and...
In the first study of opinions handed down in education adequacy litigation between January 2005 and...
This Note examines judicial review and oversight of state educational adequacy remedies in light of ...
This Note looks at the various ways states fund public education. Then the Note examines the how the...
It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provi...
Over the past thirty years, many state supreme courts have inserted themselves into state educationa...
Most state constitutions recognize a right to education, but courts have been hard pressed to respon...
Over the course of five decades and three waves of litigation, courts have approved remedies under t...
Over the course of five decades and three waves of litigation, courts have approved remedies under t...
[Excerpt] Court decisions involving the adequacy of public education raise some obvious separation ...
What is the scope of judicial power to enforce positive rights, such as the right to education? This...
The separation of powers doctrine creates a strong presumption in favor of judicial deference to leg...
The separation of powers doctrine creates a strong presumption in favor of judicial deference to leg...
Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny ...
Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny ...
In the first study of opinions handed down in education adequacy litigation between January 2005 and...
In the first study of opinions handed down in education adequacy litigation between January 2005 and...
This Note examines judicial review and oversight of state educational adequacy remedies in light of ...
This Note looks at the various ways states fund public education. Then the Note examines the how the...
It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provi...
Over the past thirty years, many state supreme courts have inserted themselves into state educationa...
Most state constitutions recognize a right to education, but courts have been hard pressed to respon...
Over the course of five decades and three waves of litigation, courts have approved remedies under t...
Over the course of five decades and three waves of litigation, courts have approved remedies under t...
[Excerpt] Court decisions involving the adequacy of public education raise some obvious separation ...