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Federalism and Federal Rights Minimalism

Helen Hershkoff and Nathan Yaffe review the aftermath of a 1973 U.S. Supreme Court decision that rejected the idea that education is a fundamental right. The authors advocate for an alternative to the theory of federalism that has arisen in the wake of that decision — a theory that “would treat states as partners both with the federal government and with social movements in the construction of a robust right to education under both state and federal law.” Read more here.