Joshua E. Weishart

West Virginia University - College of Law

101 Law School Drive

Morgantown, WV West Virginia 26506

United States

SCHOLARLY PAPERS

13

DOWNLOADS

1,598

SSRN CITATIONS

0

CROSSREF CITATIONS

0

Scholarly Papers (13)

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 235 (196,627)

Abstract:

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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 209 (219,709)

Abstract:

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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 182 (248,502)

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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 179 (252,150)

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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 Right to Teach

UC Davis Law Review, Vol. 56 (2022), WVU College of Law Research No. 2022-010
Number of pages: 71 Posted: 02 May 2022 Last Revised: 17 Dec 2022
Joshua E. Weishart
West Virginia University - College of Law
Downloads 173 (259,690)

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teachers, education, teacher rights, education rights, tenure, collective bargaining, academic freedom, state constitution

6.

Democratizing Education Rights

William & Mary Bill of Rights Journal, Vol. 29, Issue 1 (2020 Forthcoming) , WVU College of Law Research Paper No. 2020-013
Number of pages: 69 Posted: 12 Oct 2020 Last Revised: 24 Oct 2020
Joshua E. Weishart
West Virginia University - College of Law
Downloads 145 (300,789)

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democratic education, state constitution, citizenship education, civic education, civics, special education, equity, adequacy, individualized education

7.

Separate But Free

Florida Law Review Vol. 73, No. 6, 2021 , WVU College of Law Research Paper No. 2021-010
Number of pages: 60 Posted: 24 Jun 2021 Last Revised: 01 Feb 2023
Joshua E. Weishart
West Virginia University - College of Law
Downloads 121 (345,169)

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educational freedom, segregation, school choice, education rights, constitutional law, substantive due process, state constitution, charter schools, vouchers

8.

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 77 (462,711)

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

9.

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 75 (469,643)

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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

10.

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 74 (473,204)

Abstract:

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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

11.

Long Overdue: An Adequacy Cost Study in West Virginia

WVU College of Law Research Paper No. 2019-009
Number of pages: 20 Posted: 17 May 2022
Joshua E. Weishart
West Virginia University - College of Law
Downloads 65 (506,954)

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

12.

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: 08 Apr 2022
Joshua E. Weishart
West Virginia University - College of Law
Downloads 60 (527,418)

Abstract:

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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

13.

Brief of Amici Curiae Constitution and Education Law Scholars in Support of Respondents in West Virginia v. Beaver

WVU College of Law Research Paper Forthcoming
Number of pages: 24 Posted: 19 Dec 2022
Joshua E. Weishart
West Virginia University - College of Law
Downloads 3 (932,672)

Abstract:

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education law, education savings account, school vouchers, public school funding, educational disparity, educational deprivation, education discrimination