Professor Joshua Weishart cited by Delaware Court of Chancery

West Virginia University College of Law professor Joshua Weishart's research was recently cited the by Delaware Court of Chancery. 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 Professor Weishart's law review articles for the following:

“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).

Read more of Professor Weishart's work on SSRN.