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Professor Weishart Cited in Delaware Case

WVU Law Professor Joshua Weishart

MORGANTOWN, WEST VIRGINIA — The Delaware Court of Chancery has cited WVU Law professor Joshua Weishart in an education rights case.

In Delawarians for Educational Opportunity v. Carney, the court ruled that the state constitution “obligates the state of Delaware to create and maintain a system of public schools that successfully educates Delaware’s students.”

In support of its decision to deny a motion to dismiss the case, the court cites two of Weishart's law review articles:

“It is not possible to divorce a mandate to establish and maintain a system of public schools from the expectation that the schools will educate the students who attend them.” See Joshua E. Weishart, Aligning Education Rights and Remedies, 27 Kan. J.L. & Pub. Pol’y 346, 360-61 (2018).

“This is because education is both an absolute good, in that learning new facts or skills has value in its own right, and a relative good, in that the value of one’s knowledge and skills depends to some degree on a comparison with others’ knowledge and skills.” see also Joshua E. Weishart, Equal Liberty In Proportion, 59 Wm. & Mary L. Rev. 215, 239-41, 286-92 (2017).

Weishart holds a joint appointment at WVU Law and the WVU John D. Rockefeller IV School of Policy and Politics. His research is centered on education law and policy, particularly on the demands of educational equality and adequacy under the constitutional right to education.


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