Yes: the Supreme Court must re-evaluate existing law
Article Abstract:
California's Proposition 187 reintroduces the issues in Plyler v. Doe. In that 1982 decision, the Court denied states the power over the provision of public benefits to immigrants and stated that all children are entitled to a free public education, regardless of immigration status. Claims that Proposition 187 would result in a large loss in federal funds because it violates federal law on families' rights to educational privacy and would force teachers to inform on students to the Immigration and Naturalization Service are wrong. School administrators would enforce the law when children enrolled.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Taking the heat: judges in Eastern Europe are struggling against still-repressive regimes to uphold the rule of law
Article Abstract:
Pressure from the West is necessary to make sure constitutional democracy will establish firm roots in the formerly communist countries of Eastern Europe. The rule of law is under assault there as judges authoring unfavorable rulings have been subject to everything from parliamentary action to prison sentences. At times, governments are staffed by holdovers from the Communist regime and judicial independence is at risk because of this. The UN Human Rights Commission Special Rapporteur on Judicial Independence has investigated Albania but too often these situations go unnoticed.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
No: the law is clear, only the Court has changed
Article Abstract:
Parts of California's Proposition 187 and possibly the whole measure are unconstitutional. Plyler v. Doe makes clear that the provisions excluding children of illegal aliens from free public education are unconstitutional since it offends fundamental justice to punish children for their parents' status. Hopefully, the retirement of the three liberal justices who formed part of the Plyler majority does not mean this decision will be overruled. At least, Justice Anthony Kennedy has on other occasions proved unwilling to overrule decisions establishing rights.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: New York lawyers gather for annual meeting. Medicaid counseling law struck in New York; federal judge says law could inhibit lawyers from giving advice to clients
- Abstracts: In 'O'Hagan,' the Supreme Court gets second chance to adopt, and define the scope of, SEC's 'misappropriation theory' of insider trading
- Abstracts: No exit; Supreme Court finds no easy path to terminate structural injunctions. Advantage government; is it easier for the government to win in the Supreme Court?
- Abstracts: The Supreme Court injects federalism into the implied private right of action for breach of Securities and Exchange Commission rule 14-a9. A taste of things to come?
- Abstracts: Benlate winners must try again: Fla. judge orders retrials, citing victors' misconduct. Nicaraguans say they're not paying