Law Commons^™

Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch

Allen W Hubsch

The accompanying note addresses an important and topical issue. In May 2012, Ted Olson, the former Solicitor General of the United States, and Theodore Boutrous, co-chair of the appellate practice at Gibson Dunn & Crutcher, filed a complaint in Los Angeles Superior Court, entitled Vargara v. California, naming the State of California, the California Department of Education, the Los Angeles Unified School District and others as defendants.

The complaint alleges that California’s teacher tenure statutes are unconstitutional under the California constitution because such laws have the effect of preventing school districts from providing a quality education to school age …

The International Trafficking In Arms Regulations: Precluding Innovation In Academic Spacecraft Engineering — Or Are They?, Jeremy Straub, Joe Vacek

Jeremy Straub

Government regulations and uncertainty about their enforcement can be a significant barrier to innovation. In business, it is undesirable to consume time and other resources developing a product that cannot be sold or which requires navigating significant bureaucracy for each sale. In academ-ia, where limited funding is available prior to the submission of a grant pro-posal and receipt of an award, proposal-stage compliance costs can derail a project long before it begins. This paper reviews the International Traffick-ing in Arms Regulations (ITAR) and their impact on spacecraft research in academia, private research labs and industry. It reviews the exemptions available, …

North Carolina’S Superintendent Of Public Instruction: Defining A Constitutional Office, Andrew P. Owens

Andrew P. Owens

In 2009 a superior court case determined the fate of the Governor’s initiative to streamline education leadership by promoting a State Board of Education member while greatly reducing the Superintendent of Public Instruction’s powers. The judge’s decision in favor of Superintendent Atkinson turned on “the inherent constitutional authority” of her office; yet no one really knows what authority is inherent to the office, where that authority derives, or how to go about analyzing the office’s constitutional role. In short: what does it mean to be the Superintendent of Public Instruction? This paper explains the origins and meaning of the Superintendent …