19 Jan 05: Overview of Legal System, Sources of Law
Chapters 1 and 2 (Alexander and Alexander),
Chapter 1 (Kemerer and Walsh)
EDLD
5340
19 January 2005
Reference to Senate Bill 346 in article about
- gives students who performed successfully on TAKS or are likely to perform well, students get an extra 10 days of vacation
http://lubbockonline.com/stories/011405/edi_011405025.shtml
TEA Test Ruling Goes Too Far
Topics for this evening:
Sources of Law
most of the cases we will be looking at will be federal
the passage of time does not negate the quality or value of old court decisions
Current Supreme Court
http://supct.law.cornell.edu/supct/justices/fullcourt.html
- Rehnquiest '72
- Stevens '75
- O'Connor '81
- Scalia '86
- Kennedy '88
- Souter '90
- Thomas '91
- Ginsburg '93
- Breyer '94
Citation on Alexander p 117
426 U.S. 482
- volume 426, starting on page 482
96 S. Ct. 2308
- Thomson West volume 426, starting on page 2308
Citation on Alexander p. 147 #68
975 F.2d 1315 (7th Cir. 1992)
- decided by 7th circuit court of appeals (Indiana), in volume 975, judicial opinion begins on page 1315
Also can have:
F.supp - federal supplement (at federal trial court level)
- don't usually refer to those much
Texas state judicial opinions (appellate and supreme court) are found in the "Southwest Reporter"
855 S.W.2d 182 (Tex. App. - Amarillo 1993)
- in volume 855 of Southwest Reporter second edition (1000-1999), appellate decision from Amarillo in 1993
See Appendix A of Kemerer and Walsh: "How to Find and Read a Court Case"
Lubbock ISD is a single member district
- others have all at large members
- some other states appoint trustees
When we read the Hortonville decision (A&A p. 117) think about the quasi-judicial functions that school board members engaged in
must exhaust administrative remedies if there is a possiblity for a remedy
IMPORTANT THEMES TO FOCUS ON
A&A page 6
- stare decisis: "let it stand"
-- notion of "precedent": once something has been decided, it becomes the precedent for that district
-- we rely on prior decisions so we don't go back to square one every time a new issue arises (but this is not an absolute)
-- court decisions tend to not change that often (historically)
1897 Plessy v Ferguson said "separate but equal" was OK
1954 Brown v Topeka Board of Education, separate is not equal when it comes to public education, overruling Plessy v Ferguson
- had to say it was wrongly decided (it was not constitutional in 1954)
go back about 15 years and we'll see TX US Supreme Court in the case of religion law saying it was wrong (changing decisions that were made in the 1980s)
ratio decidendi: "it's the rationale"
- the why and the how that led to the decision: affirmation or overruled
idea of CASE or CONTROVERSY
- esp in federal courts: won't be in advisory situations or hypothetical situations
Is it justiciability: is it tryable (can it be tried in a court)
4 concepts (A&A page 10):
1- Advisory opinions (don't expect courts to do hypothetical things, although we do see cases for declaratory judgement, which are anticipatory -- also similar for injunctive relief, to prevent harm from occurring)
2- Mootness (too much has happened, it is too late after the fact-- these claims may not prevail if there is liklihood that the same issue can come up again)
3- Ripeness and prematurity (this case is not ready to be tried)
4- Standing
We will be tested according to scenarios like the example that is on WebCT
- question is to identify the issues and discuss them
Fred coming to Fredricksburg on Feb 16th, Marble Falls on Feb 23rd
My question at the end of class: What is the US Constitutional authority for No Child Left Behind (NCLB)
- answer from Fred: money: if districts accept federal funds, then they must agree to comply with federal guidelines including NCLB
- some districts like Academy district in Colorado are saying they will decline funding and avoid NCLB requirements
19 January 2005
Reference to Senate Bill 346 in article about
- gives students who performed successfully on TAKS or are likely to perform well, students get an extra 10 days of vacation
http://lubbockonline.com/stories/011405/edi_011405025.shtml
TEA Test Ruling Goes Too Far
Topics for this evening:
Sources of Law
most of the cases we will be looking at will be federal
the passage of time does not negate the quality or value of old court decisions
Current Supreme Court
http://supct.law.cornell.edu/supct/justices/fullcourt.html
- Rehnquiest '72
- Stevens '75
- O'Connor '81
- Scalia '86
- Kennedy '88
- Souter '90
- Thomas '91
- Ginsburg '93
- Breyer '94
Citation on Alexander p 117
426 U.S. 482
- volume 426, starting on page 482
96 S. Ct. 2308
- Thomson West volume 426, starting on page 2308
Citation on Alexander p. 147 #68
975 F.2d 1315 (7th Cir. 1992)
- decided by 7th circuit court of appeals (Indiana), in volume 975, judicial opinion begins on page 1315
Also can have:
F.supp - federal supplement (at federal trial court level)
- don't usually refer to those much
Texas state judicial opinions (appellate and supreme court) are found in the "Southwest Reporter"
855 S.W.2d 182 (Tex. App. - Amarillo 1993)
- in volume 855 of Southwest Reporter second edition (1000-1999), appellate decision from Amarillo in 1993
See Appendix A of Kemerer and Walsh: "How to Find and Read a Court Case"
Lubbock ISD is a single member district
- others have all at large members
- some other states appoint trustees
When we read the Hortonville decision (A&A p. 117) think about the quasi-judicial functions that school board members engaged in
must exhaust administrative remedies if there is a possiblity for a remedy
IMPORTANT THEMES TO FOCUS ON
A&A page 6
- stare decisis: "let it stand"
-- notion of "precedent": once something has been decided, it becomes the precedent for that district
-- we rely on prior decisions so we don't go back to square one every time a new issue arises (but this is not an absolute)
-- court decisions tend to not change that often (historically)
1897 Plessy v Ferguson said "separate but equal" was OK
1954 Brown v Topeka Board of Education, separate is not equal when it comes to public education, overruling Plessy v Ferguson
- had to say it was wrongly decided (it was not constitutional in 1954)
go back about 15 years and we'll see TX US Supreme Court in the case of religion law saying it was wrong (changing decisions that were made in the 1980s)
ratio decidendi: "it's the rationale"
- the why and the how that led to the decision: affirmation or overruled
idea of CASE or CONTROVERSY
- esp in federal courts: won't be in advisory situations or hypothetical situations
Is it justiciability: is it tryable (can it be tried in a court)
4 concepts (A&A page 10):
1- Advisory opinions (don't expect courts to do hypothetical things, although we do see cases for declaratory judgement, which are anticipatory -- also similar for injunctive relief, to prevent harm from occurring)
2- Mootness (too much has happened, it is too late after the fact-- these claims may not prevail if there is liklihood that the same issue can come up again)
3- Ripeness and prematurity (this case is not ready to be tried)
4- Standing
We will be tested according to scenarios like the example that is on WebCT
- question is to identify the issues and discuss them
Fred coming to Fredricksburg on Feb 16th, Marble Falls on Feb 23rd
My question at the end of class: What is the US Constitutional authority for No Child Left Behind (NCLB)
- answer from Fred: money: if districts accept federal funds, then they must agree to comply with federal guidelines including NCLB
- some districts like Academy district in Colorado are saying they will decline funding and avoid NCLB requirements
Posted: Wed - January 19, 2005 at 08:49 PM |
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Published On: Feb 02, 2005 10:24 PM
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Published On: Feb 02, 2005 10:24 PM
