Hence, the lack of supporting constitutional text, principles of federalism, and the doctrine of stare decisis (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation
of a federal constitutional right to education or to supposedly equal school funding.
Not exact matches
Since his last re-election, Clarke has openly supported Republican causes on local and national
right - wing media outlets; proudly trumpets on official Milwaukee County letterhead his 2013 award from the
Constitutional Sheriffs and Peace Officers Association, whose leader suggested using women and children as human shields during Nevada rancher Cliven Bundy's standoff with
federal agents; accused Milwaukee County Executive Chris Abele
of having «penis envy» and being on heroin when crafting the county budget and needing to be drug tested; blasted Milwaukee County District Attorney John Chisholm and Chief Judge Jeffrey Kremers for being «soft on crime»; provided minimal protection for President Obama during his 2012 visit; employs former Scott Walker spokeswoman Fran McLaughlin, who was given criminal immunity over her role in Walker's mixing
of campaign and county business; and created pro-gun public service announcements.
As a
federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition
of our national political community that foreign citizens do not have a
constitutional right to participate in, and thus may be excluded from, activities
of democratic self - government.»
«Unless the
federal judiciary is to be a floating
constitutional convention,» Noonan added, «a
federal court should not invent a
constitutional right unknown in the past and antithetical to the defense
of human life that has been a chief responsibility
of our
constitutional government.»
In general, based on the 2003 interview, it doesn't look like Santorum knows how to talk or think about this issue very well; he doesn't, for example, appear to know how to distinguish the three levels
of the
right to privacy debate: a) the natural
rights level, b) the
Constitutional level, and c) the plain - old law level, state and
federal.
When the nation was established as a democratic republic, the people
of the former English colonies, acting in their various
constitutional conventions, transferred all governing power to their states and to the
federal government, reserving for themselves only certain
rights and powers they previously claimed to enjoy as subjects
of the British Crown.
In a historic turn
of events, a
federal appeals panel in San Francisco ruled Tuesday that California's ban on same - sex marriage violates the
constitutional right to equal protection.
Two
federal courts
of appeals have invented a
constitutional right to assisted suicide, and one court is apparently willing to extend the
right to euthanasia.
Moreover, each and every member
of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and
constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constituti
constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II
of the United States Constitution, the failure
of which creates a cause
of action for deprivation
of claimants»
constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constituti
constitutional rights (as allowed under the Bivens case) against employees
of the
Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation
of adequate continuation
of the United States as a
ConstitutionalConstitutional Republic.
With a substantial majority — many states such as Zamfara, the first to attempt to enact Sharia in 1999, have populations that are well over 95 % Muslim — and a theological obligation to submit to Islamic law, Northerners resent
federal intrusion, which they say amounts to the abrogation
of their
constitutional right to religious freedom.
Meanwhile, on Tuesday, in a
federal district court in Washington, D.C., the American Civil Liberties Union (ACLU) and the Center for
Constitutional Rights filed a brief requesting that a
federal judge not dismiss a case
of litigation against senior CIA and military officials for the 2011 targeted killing
of Anwar al - Awlaki (a suspected al - Qaeda leader) and his 16 - year - old son, both U.S. citizens.
Posts will cover topics like the re-scaling
of nation - states,
constitutional change, the
right to decide, independence movements, the
federal EU hypothesis, the Europe
of Regions approach, democratic participation and civic nationalism in relation to city - regions.
A well - meaning but tired civil service employee eating soggy sandwiches out
of a vending machine at 2 AM in the basement
of a
federal building can not take your
constitutional right away.
The
federal lawsuit claims the ordinance — which bans the sale and possession
of assault weapons, bump stocks and high - capacity magazines — violates the plaintiffs»
Constitutional rights.
A
federal judge in 2013 had ruled that the initiative violated the
constitutional rights of minorities.
In 2013, a
federal judge found that the city's stop and frisk policy violated the
constitutional rights of mostly black and Latino men.
A journalist's lawsuit alleging that the NYPD's regulation
of the press violates the
constitutional rights of a free press can go forward, a
federal judge has ruled.
Manhattan
Federal Judge Shira Scheindlin ruled Monday morning that the NYPD violated thousands
of New Yorkers»
constitutional rights through its controversial stop - and - frisk tactics.
Unlike the UKIP demand for a
federal UK based on Little England as a fortress outside the European Union, Greens and progressives should seize this historic moment to argue for a new
constitutional and democratic compact, with electoral reform, including proportional representation for both houses
of parliament, greater participatory democracy in the regions, and a written constitution with a citizens bill
of rights.
The PDP spokesman said, «It is instructive to inform you that our leaders, particularly our National Chairman, Prince Uche Secondus, have been receiving threats since the PDP filed a petition to the United Nations and the Commonwealth
of Nations, detailing documented threats to democracy by the APC and its
Federal Government, abuse
of human
rights, mass killings, extrajudicial executions, persecution
of opposition and unabated
constitutional violations.»
From its cannibalistic proclivities, the world can see why the APC and its insensitive
Federal Government care less about the lives and welfare of Nigerians, resulting in the escalation of violence, bloodletting, mass killings, extra-judicial executions, persecution of citizens, abuse of human rights, constitutional violations, including invasion of the National Assembly as well as attack on federal lawmakers and judicial of
Federal Government care less about the lives and welfare
of Nigerians, resulting in the escalation
of violence, bloodletting, mass killings, extra-judicial executions, persecution
of citizens, abuse
of human
rights,
constitutional violations, including invasion
of the National Assembly as well as attack on
federal lawmakers and judicial of
federal lawmakers and judicial officers.
Republicans who controlled the redistricting process as part
of a task force called LATFOR always said their lines were based on demographics, and insisted they complied with the state and
federal constitutional as well as the
federal Voting
Rights Act, which was enacted to protect the voting rights of racial minor
Rights Act, which was enacted to protect the voting
rights of racial minor
rights of racial minorities.
Last week, a
federal judge ruled in a civil suit that stop - and - frisk violated the
constitutional rights of the plaintiffs, and appointed a monitor to oversee changes to the policy.
Regardless
of the outcome
of the hearing, Paladino has already filed a
federal lawsuit against the board, charging that his
constitutional rights to free speech have been violated.
The high court let stand a
federal appeals court's ruling that UT did not violate the
constitutional rights of White Buffalo Ventures when it blocked 59,000 e-mails in 2003 despite LonghornSingles.com complying with CAN - SPAM after it legally obtained the addresses from the university.
Cases alleging a
federal constitutional right to education need not center on the illegality
of funding disparities.
Declaring education to be an implicit fundamental
right would raise difficult
constitutional questions about essentials such as food, shelter, and health care — none
of which are mentioned in the
federal Constitution.
Given the substantial risks (and uncertain rewards)
of federal judicial intervention, any acknowledgment
of constitutional rights to education should be left to the states.
Adding
constitutional equity and adequacy claims to the
federal dockets, in the service
of an implicit
right to education, could lead to an era
of federal judicial supervision with no end in sight.
Without the benefit
of any
constitutional text or interpretive history to lend meaning to the term «education,»
federal courts would be fabricating a new substantive
right out
of whole cloth.
Also in this issue: A look back at what the Obama administration's signature education reform got wrong, with lessons learned to guide states and districts in refining their teacher evaluation systems, and a warning on the limits
of federally - led school reform; a proposal for how to redesign education research under the Every Student Succeeds Act; and a debate on whether there is a
federal constitutional right to education.
They do so today for countless purposes, typically to claim a
right to free and edgy speech on T - shirts or banners under the First Amendment, to assert
rights to education
of the handicapped under the
federal Individuals with Disabilities Education Act, and to ask for more school spending under state
constitutional provisions that are said to guarantee an equitable or an adequate education.
Characterizing its practice as a «general practice for a specialized clientele,» the firm provides legal advice and expertise to handle any and all needs
of a school district, including fair dismissal personnel issues, allegations
of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal hearings, civil
rights claims, personal injury actions,
federal and state
constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.
Providing a general law practice for a specialized clientele, Harben, Hartley & Hawkins meets all
of the legal needs
of school districts including: fair dismissal personnel issues, allegations
of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal hearings, civil
rights claims, personal injury actions,
federal and state
constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.
Summary
of Supportive
Federal Laws and Constitutional Rights of Transgender Students One - page summary of supportive federal laws and constitutional rights for transgender st
Federal Laws and
Constitutional Rights of Transgender Students One - page summary of supportive federal laws and constitutional rights for transge
Constitutional Rights of Transgender Students One - page summary of supportive federal laws and constitutional rights for transgender stu
Rights of Transgender Students One - page summary
of supportive
federal laws and constitutional rights for transgender st
federal laws and
constitutional rights for transge
constitutional rights for transgender stu
rights for transgender students.
To end Washington's discrimination against special needs kids in religious schools — and to vindicate the
rights of parents to choose their children's schools from a wide array
of options, including public, private and religious schools — the Institute for Justice Washington Chapter filed a
federal constitutional lawsuit challenging the special education ban.
• School Expansion, Growth & Strategic Planning • State and
Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals
of State and
Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development •
Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in
Federal and State Courts • Administrative Hearings and Appeals Before State and
Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student
Rights & Discipline Issues and Hearings • State and
Federal Claims
of Discrimination • State and
Federal Civil
Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities
Coparmex said it had filed an amparo, a form
of constitutional injunction, in a
federal court to defend its
rights against President Enrique Pena Nieto's government.
«The time has come for the
federal courts to recognize a
federal constitutional right to some minimal, adequate level
of education.
This week, The Wall Street Journal published an op - ed by Theodore J. Boutrous, Jr. and Joshua S. Lipshutz, two lead members
of the legal team behind Vergara v. California and the new
federal education equality lawsuit, Martinez v. Malloy, in which the attorneys make the case for a
constitutional right to education and
federal legal protections for disadvantaged students.
The children
of North Carolina, like all children in the United States, enjoy a
federal constitutional right to attend private schools.
As with voting
rights and
rights to non-discrimination in employment and housing, the
federal government protects all citizens by ensuring equal access to those things that enable us to enjoy the fruits
of our
Constitutional form
of government.
Covert Operations presents works that directly address citizens»
constitutional rights and the vast expansion
of federal power.
The question
of whether corporations have
constitutional rights is central to the Supreme Court's recent campaign finance case, Citizens United v.
Federal Election Commission.
The
federal government must respect the
constitutional right of scientists to speak about any subject, including policy - related matters and those outside their area
of expertise, so long as the scientists make it clear that they do so in their private capacity.
Federal Court Affirms
Constitutional Rights of Kids and Denies Motions
of Government and Fossil Fuel Industry in Youth's Landmark Climate Change Case
The civil
rights conspiracy statute requires proof
of both an identifiable
Constitutional or
federal statutory
right, and specific intent
of the conspirators to deprive the victim
of his
federal right.
Posts cover «42 U.S.C. section 1983, perhaps the most important
federal civil
rights statute, and on
constitutional law (especially the First Amendment), the teaching
of constitutional law and other law - related topics.»
In 2013, a couple
of months after these decisions were issued, the German
Federal Constitutional Court took the opportunity in a fundamental
rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement
of the fundamental
rights in the Member States» (Judgment
of the First Senate
of 24 April 2013 — 1 BvR 1215/07 — para. 91).
Stated differently, the Supreme Court is not free to accept without analysis the conclusions that state courts and state law proclaim with respect to the boundaries
of property
rights or the limitations thereof when the decision on those questions implicates or undercuts important
federal constitutional issues.