Joshua E. Weishart

West Virginia University - College of Law

101 Law School Drive

Morgantown, WV West Virginia 26506

United States

West Virginia University - John D. Rockefeller School of Policy and Politics

PO Box 6025

Morgantown, WV 26506

United States

  • West Virginia University - College of Law

SCHOLARLY PAPERS

9

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732

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Scholarly Papers (9)

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1.

Reconstituting the Right to Education

Alabama Law Review, Vol. 67, 2016, WVU Law Research Paper No. 2016-3
Number of pages: 65 Posted: 08 Jan 2016 Last Revised: 26 Oct 2017
Joshua E. Weishart
West Virginia University - College of Law
Downloads 187 (165,266)

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right to education, equality, adequacy, equal protection, due process, Hohfeld, school finance, state constitution, equity, equal educational opportunity

2.

Transcending Equality versus Adequacy

Stanford Law Review, Vol. 66:477, WVU Law Research Paper No. 2013-9
Number of pages: 69 Posted: 04 Jul 2013 Last Revised: 19 Oct 2017
Joshua E. Weishart
West Virginia University - College of Law
Downloads 149 (201,111)

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equity, equality of opportunity, adequacy, sufficiency, school finance, public education

3.

Aligning Education Rights and Remedies

Kansas Journal of Law & Pubic Policy, Vol. 27, No. 3, 2018; Invited symposium essay (Forthcoming), WVU College of Law Research Paper No. 2019-002
Number of pages: 56 Posted: 13 Feb 2018 Last Revised: 10 Jan 2019
Joshua E. Weishart
West Virginia University - College of Law
Downloads 99 (273,054)

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right to education; state constitution; school finance litigation; fourth wave; equity; adequacy; separation of powers; proportionality; remedy; integration; choice

4.

Equal Liberty in Proportion

William & Mary Law Review, Vol. 59, 2017
Number of pages: 85 Posted: 05 Jul 2017 Last Revised: 29 Mar 2019
Joshua E. Weishart
West Virginia University - College of Law
Downloads 94 (282,384)

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right to education, equity, adequacy, education, standard of review, equal liberty, proportionality, school finance, equal protection, due process, judicial review, educational justice, equality, liberty

5.

The Compromised Right to Education?

71 Stanford Law Review Online 123 (2018)
Number of pages: 9 Posted: 03 Jul 2018
Joshua E. Weishart
West Virginia University - College of Law
Downloads 53 (387,103)

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fundamental right to education, constitutional right to education, reconstruction, education, inequality, funding, democracy,republican form of government, citizenship

6.

Protecting a Federal Right to Educational Equality and Adequacy

Forthcoming in Thoughts on a Federal Right to Education (Kimberly Jenkins Robinson, ed., NYU Press, 2019), WVU College of Law Research Paper No. 2018-010
Number of pages: 17 Posted: 03 May 2018 Last Revised: 07 Oct 2018
Joshua E. Weishart
West Virginia University - College of Law
Downloads 51 (393,828)

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right to education, substantive due process, equal protection, educational equality, adequacy, equity, equal liberty, state constitution, school finance litigation, school funding

7.

The Constitutionally Anomalous Right to Education

Oxford Handbook of US K-12 Education Law (Kristi Bowman, ed., Oxford Univ. Press, 2020, Forthcoming), WVU College of Law Research Paper No. 2018-001
Number of pages: 13 Posted: 02 Oct 2018
Joshua E. Weishart
West Virginia University - College of Law
Downloads 43 (422,498)

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right to education, constitutional law, education law, educational equity, educational adequacy, educational entitlement, rightsholder, immunity, claim-right, form of right, function of right, scope of right, state constitution

8.

Rethinking Constitutionality in Education Rights Cases

Arkansas Law Review, Vol. 71, 2019 (Invited Symposium Essay) Forthcoming, WVU College of Law Research Paper No. 2019-008
Number of pages: 21 Posted: 07 Mar 2019 Last Revised: 25 May 2019
Joshua E. Weishart
West Virginia University - College of Law
Downloads 40 (434,183)

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constitutionality, jurisdiction, remedies, justiciability, right to education, separation of powers, adequacy, equity, school finance, education rights, state constitution, educational opportunity, reasonableness

9.

Long Overdue: An Adequacy Cost Study in West Virginia

WVU College of Law Research Paper No. 2019-009
Number of pages: 20 Posted: 08 Apr 2019
Joshua E. Weishart
West Virginia University - College of Law
Downloads 16 (557,726)

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education, school funding, school finance, adequacy, equity, adequacy cost study, cost study, state constitution, West Virginia