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Posts from the ‘Print & Online Articles’ Category

Reading the State School Finance Litigation Tea Leaves

Posted 479 days ago by Editorial Staff

Ever since the Supreme Court held in San Antonio v. Rodriguez that education is not a fundamental right protected under the United States Constitution, legal efforts to advance the educational plight of disadvantaged school children have taken to state courts, where a new legal theory is emerging.

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The Constitutional Option

Posted 499 days ago by Editorial Staff

by SENATOR TOM UDALL
The United States Senate has become a graveyard for good ideas—increasingly crippled by the partisan abuse of the institution’s own rules.

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Assessing Iqbal

Posted 530 days ago by Editorial Staff

In May 2009, the Supreme Court decided Ashcroft v. Iqbal, which transformed federal civil litigation by abolishing notice pleading in favor of “plausibility” pleading. Iqbal has been and continues to be harmful to the enforcement of individual rights and socially beneficial litigation.

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A Toxic Reciprocity

Posted 537 days ago by Editorial Staff

In February 2006, an ambulance rushed four-year-old Jarnell Brown to a hospital in Minneapolis. Three days later, Jarnell was clinically brain dead. The heart-shaped object removed from Jarnell’s stomach during the autopsy was a small charm, manufactured in China.

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Death by a Thousand Cuts

Posted 606 days ago by HLPRonline editorial staff

By ANTHONY J. FRANZE
A leading Miranda scholar recently concluded that “[t]he best evidence now shows that, as a protective device, Miranda is largely dead. It is time to ‘pronounce the body,’ as they say on television, and move on.” And that was before the Supreme Court’s 2009-10 term.

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