Neither approach is likely to pass legal muster, though.
In addition, Dr. Crew's aides have long taken comfort in the belief that the Mayor's plan would never pass legislative or legal muster.
The recommendations are to be put to vote on the November ballot, so the commission wants advance assurance that they will pass legal muster.
But First Amendment experts said the idea of making a newspaper pay for anything as a result of a mistake did not pass legal muster.
And while prosecutors said they were confident that a new indictment would pass legal muster, they conceded that the process could drag on.
He said his office was already examining whether it would pass legal muster and would be cost effective.
He pointed to endorsements from the White House and other public officials as evidence that the system passes legal muster under antitrust laws.
Subsequently, the New York State Legislature established a similar school district in the town that has passed legal muster.
"But I have no doubt that this plan can pass legal muster."