
Jade A. Craig
1
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Sep 28, 2026
@ISSUE • Do I Have That Right?
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12:58
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W
11:55Wilson StriblingHOST
So what is a citizen to do if you feel like you have a right to something and you learn, as you've taught us just now, that you don't necessarily have a right to that thing, but you know you have a reasonable expectation for that thing? What's your remedy? What's your legal recourse?

Jade CraigGUEST
So there are, you know, the innovative legal theories like the state created danger doctrine, wherein if the state provides a particular service like roads or water, they have an obligation to provide it in a way that avoids personal injury or liability.

Jade CraigGUEST
And that, you know, perhaps in this case, In the Jackson Water case were framed differently or this theory was more targeted, you know, to the exclusion of the constitutional rights approach used at the start of the litigation.

Jade CraigGUEST
Certainly there's a different outcome in different circuits, different appeals courts that have considered similar questions.

Jade CraigGUEST
There's also the use of other statutory rights to get at that particular expectation.
W
14:31Wilson StriblingHOST
Is there anything else you'd like to add that might surprise people about what their rights are or are not?