Statute

children, filed a suit alleging the Texas Pledge and Minute of Silence Statute was unconstitutional. Each morning, Texas public school students are mandated to pledge allegiance to the United States and Texas state flag and observe a minute of silence. The Crofts sued Governor Rick Perry on behalf of their children who attended the Carrolton-Farmers Branch Independent School District. The Crofts argue the 2003 amended statute…

Introduction In a recently released opinion, the Kansas Court of Appeals for the first time addressed the meaning of Kansas water law. The case of Garetson Brothers v. American Warrior, Inc., 51 Kan. App. 2d 370 (2015), concerns a groundwater dispute between a senior water user and a junior water user in southwest Kansas. After filing a complaint against the junior user, the senior user sought an injunction against the junior user to stop their use of the groundwater. The District Court granted…

Teacher Evaluation Model, Description and Summary of the Marzano’s Teacher Evaluation Module, The 4 domains and essential elements of Marzano’s Teacher Evaluation Model, 2015 Florida Statute, Title XLVIII, K-20 EDUCATION CODE, Chapter 1012.34 – FLDOE Personnel Evaluation Procedures (FLDOEPEP), Purpose of the statute, Describe and summarize the evaluation system requirements in Section (2) of the FLDOEPEP, Describe and summarize the compliance criteria for evaluation procedures in Section (3) of…

Kurtzman. In this case, the Court identified three “tests” which a statute must pass in order to be considered within the boundaries of the Establishment Clause. The first test, appropriately called the “purpose test,” mandated that a “statute must have a secular purpose.” The second test required that a statute’s “principal or primary effect must be one that neither advances nor inhibits religion.” The third and final test held that a statute “must not foster an excessive government…

analysing the actual text of the statute. To go deeper, textualism utilizes what is called the “plain meaning rule.” Under the plain meaning rule, if the words of a statue are clear and unambiguous, then other factors (like legislative intent, legislative history, compliance with public norms, avoiding absurd outcomes) are not considered at all by the court. Under a textualist approach, the only way those other factors can be considered is when the wording of a statute is unclear. Proponents…

source of insight into the intent of the legislature; C) The purpose clause states that the statute was created to protect the land that wildlife depends on by eliminating behavior that can negatively impact them. The harm described in §3 included conduct that modifies the habitat of wildlife, impairing essential behaviors species depend on;…

also Hooker v. Dallas Indep. Sch. Dist., No. 3:09–CV–0676–G–BH, 2011 WL 1592300, at *5 (N.D.Tex. March 31, 2011). The rationale for the exception is that “a local education agency's withholding of procedural safeguards would act to prevent parents from requesting a due process hearing ... until such a time as an intervening source apprised them of their rights.” Richard R., 567 F.Supp.2d at 945. Because neither of the Plaintiff's withholding information allegations pertain to the District's…

not the first instance that a case had been submitted to the Supreme Court about these statutes but after multiple denials, Lemon v. Kurtzman finally made it to the docket…

portrayed D) teenage children dressed in very little clothing, who were also placed in allegedly “erotic” poses. Sections C and D were deemed in violation of several Minneapolis and Minnesota statutes on decency and subsequently struck from public view in the…

interpreted in manner that covers the mischief. The mischief rue is applied where the literal and the golden rules do not provide an appropriate outcome. However, this does not mean that the mischief rule will always yield a clear understanding of the statute and can make law uncertain as well as giving too much power to the…