Sentences with phrase «federal constitutional right»

Washington — The U.S. Supreme Court agreed last week to consider whether state courts have jurisdiction to decide claims for compensation arising from alleged violations of federal constitutional rights.

Voucher schools can be expected to rely on at least three federal constitutional rights in an effort to block regulation: the free exercise clause, the First Amendment right to association, and the free speech clause.

A federal civil rights statute, 42 U.S.C. § 1983, is most closely associated with providing a remedy for individuals whose federal constitutional rights have been violated by persons acting under color of state law.

Finally, consolidation helps account for the enormous tension that is characteristic of our current regime when federal constitutional rights are, ultimately, dependent upon the decisions of the Supreme Court.

And the Court's unenumerated rights caselaw provides a strong case for recognizing a presumptive federal constitutional right to self - defense.

In the case widely recognized as the more pivotal of the two, Hollingsworth v. Perry, in which a claim was squarely asserted that same - sex couples have a federal constitutional right to be married anywhere in the country, the majority of the justices decided not to decide.

Recognition of a federal constitutional right to education will provide us with a clear path to excellent and equitable schools.

Within the past year, however, plaintiffs in Connecticut and Michigan have filed new lawsuits, which could reach the Supreme Court, asking courts to overturn Rodriguez and recognize a federal constitutional right to education.

Cases alleging a federal constitutional right to education need not center on the illegality of funding disparities.

Once the court recognizes a federal constitutional right to education, families, advocates, and attorneys must begin the hard work of challenging state systems of education as unlawful under the U.S. Constitution.

Hence, the lack of supporting constitutional text, principles of federalism, and the doctrine of stare decisis (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation of a federal constitutional right to education or to supposedly equal school funding.

Within the past year, plaintiffs in Connecticut and Michigan have filed new lawsuits imploring federal courts to recognize a federal constitutional right to education.

These advocates urge the courts to create a federal constitutional right to education.

As the brief notes, the Supreme Court decided in 1973 that there is no federal constitutional right to education.

Also in this issue: A look back at what the Obama administration's signature education reform got wrong, with lessons learned to guide states and districts in refining their teacher evaluation systems, and a warning on the limits of federally - led school reform; a proposal for how to redesign education research under the Every Student Succeeds Act; and a debate on whether there is a federal constitutional right to education.

Rodriguez Reconsidered: Is There a Federal Constitutional Right to Education?

Pierce v. Society of Sisters, 268 U.S. 510 (1925): The U.S. Supreme Court upheld the federal constitutional right of parents to send their children to private schools.

«The time has come for the federal courts to recognize a federal constitutional right to some minimal, adequate level of education.

The children of North Carolina, like all children in the United States, enjoy a federal constitutional right to attend private schools.

The contention that the federal courts are powerless to accord a litigant damage for a claimed invasion of his federal constitutional rights until Congress explicitly authorizes the remedy can not rest on the notion that the decision to grant compensatory relief involves a resolution of policy considerations not susceptible of judicial discernment.

Whether you are charged with a drug possession, manufacturing, or trafficking charge, the prosecution must prove not only the factual elements of your case beyond a reasonable doubt, but also that your state and federal constitutional rights were not violated.

Unlike in the criminal context, there's no federal constitutional right to counsel in civil cases.

it is both your inalienable right along with your Federal Constitutional right!

Court, the problem of a defendant's federal constitutional right to counsel in a state court has been a continuing source of controversy and litigation in both state and federal courts.

It was interesting that this case was tried in a federal court (Judge Bennett, D Md.), where one would have hoped that federal constitutional rights might have received more serious attention.

Farzad Family Law Scholarship 2014 Should the right to marry for same - sex couples become a federal constitutional right by amendment to the United States Constitution or remain a State issue?

Richard Dolan said...» [T] his case was tried in a federal court... where one would have hoped that federal constitutional rights might have received more serious attention.»

This is a very, very controversial piece of legislation and it's seeing busloads of Floridians showing up in Tallahassee in protest of this legislation and what they believe it will do to Florida home owner's legal rights under state real estate law as well as their federal constitutional right to due process.