Counterfactual Causation

Hillel J. Bavli. Factual causation is the element of a legal claim that requires a plaintiff to link the defendant’s conduct to the plaintiff’s injury—to show that the former did not merely coincide with the latter but rather produced it.…
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There Is No Such Thing as a Free Appropriate Public Education

Angelika Orletsky Doebler In January 2015, Arizona Governor Doug Ducey implemented the Classrooms First Initiative with the aims “to modernize school finance code, ensuring adequate funding is made available for teachers and classroom instruction.” Recognizing that comprehensive finance reform had…
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The Arizona “Private Affairs” Clause

Timothy Sandefur The Arizona Constitution says “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” This language is notably different from that used in the federal Constitution’s Fourth Amendment and analogous provisions…
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