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Tag: Education

The Right to Education in the Midst of a Pandemic

The Right to Education in the Midst of a Pandemic

COVID-19 exposes the necessity of accessible education for all students and begs us to reconsider education as a fundamental right under substantive due process. In light of this current health crisis, now is the time to consider the many inequities in access to education that have existed for centuries. As schools across the nation consider their modality of instruction for the school year, equitable education for students should be a primary concern for government, policy makers, and school systems. This…

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An Education Right Long Denied; An Education Crisis Thus Continues

An Education Right Long Denied; An Education Crisis Thus Continues

The following piece is a part of NULR of Note’s “Bring Back The ‘90s” initiative, aimed at exploring the evolution of legal thinking over the past three decades. For more, click here. Most Americans would probably be surprised to discover that there is no right under the Constitution to require that the government must provide children with a decent education. Yet, that has been the situation at least since the 1973 seminal case of San Antonio Independent School District v….

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