Wednesday, August 20, 2014


The Demise of Stare Decisis? [Concurring Opinions, 8/20/14]: “If the doctrine of stare decisis is to serve its core functions of stabilizing and unifying constitutional law across time, the desire to protect expressive liberty must yield, at least occasionally, to the need for keeping faith with the past.”

Capitol Weekly’s Top 100 List [Capitol Weekly, 8/20/14]: This rundown represents our view of the unelected Capitol community’s inner workings and, as usual, we offer caveats. It’s heavy on opinion, light on methodology. By turns, it’s subjective, irreverent, kindly and respectful. It’s cheeky. 

Bill would block expulsion for 'willful defiance' [AP, 8/20/14]:  The state Senate approved legislation Tuesday that would prevent California schools from expelling students for willfully defying school authorities, a punishment that activists say is unevenly applied and disproportionately affects minority students.

L.A. Unified principals given guidance on student free speech rights [LA Times, 8/20/14]: As unrest continues in Ferguson, Mo. and, to a degree in Los Angeles, after the fatal police shootings of unarmed black men in those cities, Los Angeles schools chief John Deasy asked principals Tuesday to be vigilant in their efforts to provide an environment for students to exercise their 1st Amendment rights while also maintaining the safety of students and staff.

Alabama Student sent home for “Distracting hair color” challenges unexcused absence [NSBA Legal Clips, 8/20/14]:  WAFF.com reports that a student from Muscle Shoals High School was sent home on the first day of school because her hair color was deemed to be “too distracting.” - See more at: http://legalclips.nsba.org/#sthash.JWTSJ9vV.dpuf

New Jersey district will not allow transgender student to return to school as a female [NSBA Legal Clips, 8/19/14]: The Times Herald reports that Angela Peters, the mother of a transgender student, claims a Thorne Middle School (TMS) official told her that her daughter would not be allowed to return to school unless she dressed and acted as a male. Peters was told that no accommodations would be made and no out-of-district educational options would be available for her student.

Teacher Claims He Was Fired for Being Honest [CNS, 8/20/14]: A public schoolteacher claims in court that the District of Columbia fired him for refusing his principal's orders "to change and falsify student records, to alter test scores on standardized assessments, and to fabricate levels of student achievement."

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