Introduction
Case briefs
Question1
Citation: Dixon v. Alabama State Board of Education¸ 294 F. 2d 150 (5th Cir. 1961).
Topic: the expulsion of students from college
The relief sought: filling of a permanent injunction by students to restrain the State Board of Education from infringing on their rights to attend school.
Issues: Issue: whether due process requires notice and a chance for a state-supported college hearing.
Facts: Around Twenty-nine African-American college students from Alabama State College took part in a sit-in an eatery place considered public. Another mass demonstration by students entailed those from the sit-in, who was outside the court during the proceeding of another student (Alexander & Alexander, 2005). The students allegedly attended at other rallies with other students in different cities. Conversely, the president told the student body that the demonstration was unsettling the college’s orderly conduct. The second demonstration saw the president give the names of the students to the State Board of Education. Six students were later expelled and notified by the Board on the decision to expel them.
Finding of the Trial Court: The court upheld the expulsions
Finding of the Appellate Court: The Appellate court reversed and remanded the previous ruling
The reasoning of the Court: Even though there was no existence of a hearing, the
college’s usual practice was to grant a hearing to students before the expulsion decision. The reasoning of the court was that any government action, which causes
injury to a person has to follow due Constitutional process requirements. The government actions cannot be arbitrary. It is obvious that a state college expulsion needs to determined to be a momentous interest to a person. College attendance is not a constitutional right in its own. The Government should not prohibit a person from going anywhere unless by means consonant, which entails a due law process. Consequently, expulsion necessitates a commensurate degree of a due process because the state was trying to ban a person’s privilege.
Question2
Griggs v. Duke Power Company
Citation: Griggs v. Duke Power Company
Topic: Violations of employment terms
The relief sought: There should be an elimination of intelligence test and high school diploma requirement in the hiring process of the company.
Issue: The debate in the case was whether giving common general intelligence tests and high school diploma requirement in the employment process. The violation of equal protection in case the practical result was to statistically keep out more blacks in comparison from whites from being employed and the tests lacked a demonstrated predictive impact on job performance (Alexander & Alexander, 2005).
Facts: A firm had a hiring process where individuals who want to work for the company had to undertake intelligence test and a high school diploma. The requirements led to fewer blacks being hired. The requirements were not linked to the actual jobs the company offered.
Finding of the Trial Court: The court ruled against the company
Finding of the Appellate Court: The court upheld the ruling
Court’s reasoning: The ruling of the court was that the firm’s employment process was
artificial and redundant. The court ruled that the requirements had an extreme effect on blacks. The court insisted that the good motive was needless as the Congress had made the statue to ensure blacks protection from racially biased employment as the intent behind such practices did not matter. The actions of Duke Power Co. had an effect on African Americans, as many of them were less likely to have a high school diploma and the low average score in the intelligent tests. In a situation where employment practices seemed to have a disproportionate impact on minority groups. The ruling of the court was that a firm had to demonstrate and verify that such practices were essential and should have no ulterior motive. The case marked the launch of the disparate impact concept into anti-discrimination law.
Question3
Citation: KNIGHT v. KENAI PENINSULA BOROUGH SCHOOL DIST
Topic: Responsibilities of nonunion employees
The relief sought: The argument of nonunion employees is that the collective bargaining statutes of Alaska teachers are more comprehensive in comparison to others and, therefore the bargaining scope need to be interpreted extensively.
Issue: Although the primary issue before the court was whether teachers have the right to strike under PERA, the court also considered whether such a right exists under the common law.
Facts: The case involves many issues, which were related in relation to the right of teachers considered public employees (Alexander & Alexander, 2005). The court had to give a ruling on whether the legislative failure to incorporate the right to strike, alternatively, the compulsory interest arbitration PERA provisions, which seems to violate the law on equal protection as a constitutional mandate.
Finding of the Trial Court: The court upheld and reversed some other aspects of the case.
Finding the Appellate Court: The court upheld the ruling.
The Court’s reasoning: The court concluded that teachers did not have any right to strike in relation to Alaska law. The court was forced to address the argument o the association, which highlights the legislative exclusion of teachers in terms o their rights to strike and the arbitration provision interests constituted in equal protection under the Alaska constitution.
References
Alexander, K., & Alexander, M. D. (2005). American public school law. St. Paul: West Pub. Co.
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