Comity and the New Federalism through the Lens of School Vouchers

38 Pages Posted: 10 Feb 2010

See all articles by Marianna Brown Bettman

Marianna Brown Bettman

University of Cincinnati - College of Law

Date Written: 2002

Abstract

In anticipation of the United States Supreme Court’s decision in the Ohio school-voucher case Zelman v. Simmons-Harris, this article explores the parallel treatment of Zelman in state and federal courts in the broader context of Ohio’s venture into the new federalism. Under this doctrine, state courts may rely on their own constitutions to provide greater protections for certain rights and liberties than exist under the United States Constitution. The Ohio Supreme Court has begun to develop its own body of state constitutional law, and to rely on its own analysis of federal law, and will likely continue to do both.

Keywords: Zelman v. Simmons-Harris, New Federalism

JEL Classification: K40, K49

Suggested Citation

Bettman, Marianna Brown, Comity and the New Federalism through the Lens of School Vouchers (2002). Northern Kentucky Law Review, Vol. 29, p. 455, 2002, University of Cincinnati Public Law Research Paper No. 10-01, Available at SSRN: https://ssrn.com/abstract=1550826

Marianna Brown Bettman (Contact Author)

University of Cincinnati - College of Law ( email )

P.O. Box 210040
Cincinnati, OH 45221-0040
United States

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