Problems in Tenure Litigation The case Howard University v. Best, 547 A.2d 144 (D.C. Cir. 1988), is the second appeal arising out the employment contract of appellee Dr. Marie L. Best with appellant Howard University. In Howard University v. Best, 484 A2d 958,990 (D.C. 1884) (Best I), Dr. Best stated claims of indefinite tenure, sex discrimination, and intentional infliction of emotional distress as a result of, not being awarded indefinite tenure but a late notice for a non-renewal of her contract ( Kaplin, W. A., & Lee, B. A. ,2013). In the trial, the verdict was in favor of Dr. Best, holding the University had breached its contract with her by failing to provide timely notice of non-renewal. In the retrial, the jury again favored for …show more content…
Best was entitled to indefinite tenure on her “previous appointment “theory (Kaplin, W. A., & Lee, B. A., 2013). The jury believed Dr. Best’s assertion that the University did not always require a faculty member to serve a three- year probationary period to obtaining indefinite tenure, was reasonable based on the information from the Dean. There were several faculty members that testimony supported the fact, that other members of the faculty had received tenure in a manner inconsistent with Faculty Handbook. However, the faculty members who received tenure were in full-time or a teaching position. Therefore, Dr. Best was serving in a part- time, non- teaching, non- resident appointment did not follow that rule of thumb for assigning indefinite tenure. Dr. Best herself questioned her “pervious appointment” under the Faculty Handbook Section III(C) (2), by writing letters to the dean and vice president to state that she was in the final year of her three – year probationary appointment( Kaplin, W. A., & Lee, B. A. ,2013). Therefore, Dr. Best seemed to be looking for well- define direction on her appointment. Dr. Best seem to be under the school of thought, her situation would fall under “exceptional circumstances” in the Faculty Handbook. Exceptional circumstances were granted to faculty member that had indefinite tenure before coming to the University or held a previous full- time teaching appointment for the usual probationary period (Kaplin, W. A., & Lee, B. A.,
United States v. Clemons Parties: The United States of America(Plaintiff) v. Eugene Milton Clemons and Dedrick Germond Smith(Defendants) Facts: In the case of Eugene Milton and Dedrick Smith verses the United State, the defendants are charged with murdering George Douglas Althouse. George Althouse was a Special Agent with the Drug Enforcement Administration(DEA).
Case Name, Citation, Year Cook v. Florida High School Athletic Association (FHSAA), 09-cv-00547 M.D. Fla. (2009) Facts of the Case: On June 16, 2009 parents of female athletes at FHSAA member schools filed suit against the United States District Court for the Middle District of Florida alleging that the newPolicy 6 discriminates against female students according to Title IX by reducing school participation in completions by 40 percent at the varsity level and 20 percent at the sub-varsity level. The plaintiffs also stated a complaint that male driven sports where exempt from this action because cheerleading was not recognized as a sport thus breaking the Title IX law. Issues: Why did Policy 6 reduced the number of competitions
Ruby Lopez EDSE 5309-160 Board of Education of Hendrick Hudson Central School District v. Rowley Board of Education of Hendrick Hudson Central School District v. Rowley Background: Dispositive Facts of the Case Amy Rowley, whom herself and both parents were deaf, was enrolled in a public school in the state of New York for the start of her education. Prior to her first year in public school, kindergarten, her parents met for an IEP development. The IEP provided Rowley with a sign-language interpreter who would be present with her in the classroom. After being in the classroom with the sign-language interpreter, it was reported that the interpreter’s services were not needed by Rowley. For the continuation of her kindergarten
The case of Jordan v. City of New London and Harrigan (1999) centers around Jordan bringing a civil rights action against the city and Harrington alleging that they denied him equal protection in violation of the Fourteenth Amendment and Article 4, Section 20, of the Connecticut Constitution (Jordan v. City of New London, 2000). The facts as presented to the court are that Jordan and 500 other police applicants voluntarily took the applicant screening examination for being a police officer in the state Connecticut in early 1996. The testing material included the Wonderlic Personnel Test and Scholastic Level Exam (WPT), which purports to measure cognitive ability. An accompanying manual listed recommended scores for various professions and
All three of these facts had given the defendants an unfair trial, which would not have been the case if this same trial had taken place in present
Roth believed that he did not receive due process in regards to his termination and in addition, he believed that his 1st and 14th Amendment rights were violated. It was ruled that the university did not violate any rights by deciding to not rehire Roth, however they courts ruled that Roth was owed an explanation by the university. (Board of Regents v. Roth, 408 U.S. 564
Rappleyea found two prosecutors by the names of Herbert E. Hicks and Sue K. Hicks. The brothers agreed to prosecute on the condition that they would be prosecuting a local teacher who had taught about evolution during the period of time in which the law was enacted. This led Rappleyea to a science teacher by the name of John T. Scopes. He had taught out of the Hunter’s Civic Biology textbook while substitute teaching a biology class. Although this book held “state approved” standing,
Consol. School District the courts denied her claim of retaliatory discharge the reason being mutual trust and confidence between Procunier and Jennings were essential to the proper functioning of the workplace and Jennings’ discharge was based upon a loss of trust and confidence by Procunier, which was reasonable under the circumstances. 4. How do you legally defend your recommendation? a.
Since this was not offered to him it was a violation of his Fourteenth Amendment right to due process (Findlaw, 2015). This case was then taken to the U.S. Supreme Court and they rendered a split decision 5 votes for Sindermann and 3 votes against. Justice Stewart wrote the majority opinion and stated “nonrenewal of a one year teaching contract may not be predicated on [a teacher’s] exercise of First and Fourteenth Amendment rights”. The court further asserted that Sindermann’s disagreements could not be the basis of his termination because he was exercising his First Amendment right to free speech. In addition, the court found that even though the Board of Regents did not grant tenure,
Decades ago, children of various races could not go to school together in many locations of the United States. School districts could segregate students, legally, into different schools according to the color of their skin. The law said these separate schools had to be equal. Many schools for children that possessed color were of lesser quality than the schools for white students. To have separate schools for the black and white children became a basic rule in southern society.
After a long while, the jury fully supports the final verdict:
1.1. What were the legal issues in this case? What did the appeals court decide? In this case Mr. David Dunlap, a fifty year-old black man, filed a lawsuit against Tennesse Valley Authority, alleging racial discrimination under Title VII of the the Cival Rights Act of 1964.
For my WebTour I decided to visit www.uscourts.gov. I was immediately drawn to the “Pathways to the Bench Video Series”. Here, videos catalogue prominent United States judges, and how they began their lives up until the positions they hold as judicial officials today. I began to utilize the page’s content by viewing the video “U.S. District Court Judge Lorna G. Schofield”. This video talks about the adversity Lorna G. Schofield growing up with an extremely strict mother.
IRAC – Case Analysis Case: Steinberg vs. Chicago Medical School Facts Robert Steinberg was an aspiring medical student. He filed a suit against Chicago Medical School due to the accusation that the medical school failed to review his application based on the academic bulletin. Steinberg paid the admission fee of fifteen dollars but felt that the defendant used nonacademic criteria to make the admission decision (Justia US Law, 2018).
Intern, Judge Christopher J. Donnelly, Cook County (IL) Circuit Court (2005). (