Comity and the New Federalism through the Lens of School Vouchers
Marianna Brown Bettman
University of Cincinnati - College of Law
Northern Kentucky Law Review, Vol. 29, p. 455, 2002
University of Cincinnati Public Law Research Paper No. 10-01
In anticipation of the United States Supreme Court’s decision in the Ohio school-voucher case Zelman v. Simmons-Harris, this article explores the parallel treatment of Zelman in state and federal courts in the broader context of Ohio’s venture into the new federalism. Under this doctrine, state courts may rely on their own constitutions to provide greater protections for certain rights and liberties than exist under the United States Constitution. The Ohio Supreme Court has begun to develop its own body of state constitutional law, and to rely on its own analysis of federal law, and will likely continue to do both.
Number of Pages in PDF File: 38
Keywords: Zelman v. Simmons-Harris, New Federalism
JEL Classification: K40, K49Accepted Paper Series
Date posted: February 10, 2010
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