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- Title
A LESSON FROM THE NEW YORK TEACHER TENURE CHALLENGE: DISTINGUISHING LEGISLATIVE ACTION FROM INACTION WITHIN POSITIVE RIGHTS ANALYSIS.
- Authors
Cooper, Cadesby B.
- Abstract
The article focuses on the decision of New York Court of Appeals in the case Davids v. New York regarding the reach of the Education Clause and briefly notes the evidentiary obstacles to the plaintiffs' claim. It mentions issue of New York constitutional law and implicit remedial framework for positive rights analysis in Court's Education Clause. It also mentions courts should respect separation of powers limits by refraining from creating a right from self-imposed prudential limits.
- Subjects
NEW York (State); EDUCATIONAL law &; legislation; CONSTITUTIONAL law; SEPARATION of powers; NEW York (State). Court of Appeals; PLAINTIFFS
- Publication
Albany Law Review, 2016, Vol 79, Issue 4, p1539
- ISSN
0002-4678
- Publication type
Article