Course Assignments and Cancellations

Course Professor Posted
Legislation ( Attachment) Spruell October 17, 2014

Your assignment for next week( 10/23) is as follows:

Continue to review proposed AL Constitutional Amendment #1, as we discussed at the end of class last night.  How would a Court apply the provisions of this  Amendment to issues we have already discussed and reviewed during this semester?

As you review that proposed AL amendment, please also read the 5th Circuit decision in Adar v. Smith. I have attached that opinion for your review. (I provided a summary regarding this case last week.) I thought you would also benefit from the Amicus brief filed in this case by the Eagle Forum & Legal Defense fund. Please review these items and be prepared to discuss in class next week.

Please also review the attached argument transcript from the current pending case before the United States Supreme Court, North Carolina Dental Board v. FTC,  Docket # 13-534.  If the Supreme Court rules in favor of the FTC, how would that decision impact a state agency's ability to regulate and license professionals within each state?

Consider also what impact the Dental Board case may have on issues like noncompete laws within each state; I was glad Brad brought that issue into our discussion last night.  See attached the case of Sylvan v. Gulf Coast Ed. and AL Code Section 8-1-1 (1975, as amended.) Please also review Sylvan Learning v. Learning Solutions, 795 F.Supp.2d 1284 (S.D. Ala. 2011) in regards to the non-compete clause issue. 

Please also be sure you have the AL Act # 89-648 with you in class next week; that is the statute I handed out two weeks ago regarding the amendment to the definition of a "general contractor" in Alabama. Think about the swimming pool contractor language within that Act and consider it in the context of these cases & decisions. Please be ready to discuss that in class next week.

The class assignments for November will involve review of various states' legislation regarding the following topics:

-voter ID laws from various states;

-recent abortion clinic regulation and governance within various states;

-immigration laws adopted within various states; and

-"gun control" legislation on the federal and state level (I place "gun control" in quotations because the issues are really gun permit and ownership laws and regulations. )

I will have these case citations available for you in class next week so you can review and brief them as your schedule permits before our next class on November 6th. There will be no other case assignments for our class this semester after I provide these to you next week.

Finally, to circle back to the discussion last night on the constitutionality of the local act I requested you review, I would like for you to continue to consider who has standing to raise issues regarding the constitutionality of legislation. For the Pension Board Act, we reviewed possible groups or individuals who could raise the issue in court if the Governor signed the Act into law. We discussed the ability of the administrator(s) who were required to implement the Pension Act seeking Declaratory review of the constitutionality of the Act as passed (and amended after publication.) We also discussed what individuals and/or taxpayers would have standing to bring an action to test the Act's constitutionality. We will continue this discussion in class next week.

As always, please do not hesitate to let me know if you have any questions or concerns.

Have a great weekend and be safe! 

Alyce Spruell

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