Week 2 – Sources of Law Notes

Overview

  • This week's focus: three foundational areas in law and legal principles relevant to universities and disability protections.
  • Key topics:
    • The three branches of the federal government and how they interact.
    • The American Court System: how law is applied, interpreted, and how case law is created.
    • The sources of law that govern university work, including disability law.
  • The course emphasizes federal law, federal courts, and federal sources for disability protections, while noting that higher education is also governed by state law.

Branches of Government

  • The three branches and their functions:
    • Legislative (Congress): makes laws.
    • Executive (President and administrative offices): enforces laws and administers regulations.
    • Judicial (courts): interprets and applies laws and resolves disputes.
  • For purposes of this course, focus is on federal government, federal law, and federal courts because they are the main sources of disability protections.

Legislative

  • Article I, Section 8 grants Congress authority to pass laws in specific areas.
  • The Commerce Clause gives Congress the power to regulate state commerce.
  • The Bill of Rights supports protections that Congress can enact into statutes.
  • Important laws for this course:
    • Section 504 of the Rehabilitation Act
    • The Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADAAA, 2008)
  • These laws form the core statutory framework for disability protections in higher education.
  • extArticleI,Section8ext{Article I, Section 8}, extCommerceClauseext{Commerce Clause}, extSection504oftheRehabilitationActext{Section 504 of the Rehabilitation Act}, extADAext{ADA}, extADAAA(2008)ext{ADAAA (2008)}

Executive

  • The President enforces laws passed by Congress.
  • The President relies on an extensive network of administrative agencies.
  • Agencies pass regulations that explain, apply, and help enforce statutes; these regulations have the weight of law and are part of administrative law.
  • Enforcement of these regulations is carried out by the agencies themselves.
  • Two main executive agencies that enforce the ADA and Section 504:
    • Department of Justice (DOJ)
    • Office for Civil Rights (OCR) within the DOJ, which investigates alleged civil rights violations including ADA violations.
  • Regulations exemplify how statutory principles are operationalized in practice.

Judicial

  • The federal judicial branch consists of federal courts.
  • The judiciary interprets and applies the laws enacted by Congress and resolves disputes between parties.
  • The next sections provide more detail on the structure and function of federal courts.

Constitution, Article III

  • The Constitution article quoted defines the scope of the judiciary's power:
    • The judicial power extends to all cases arising under the Constitution, federal laws, and treaties, among others, including cases involving ambassadors, admiralty and maritime jurisdiction, U.S. parties, interstate and international controversies, and other specified categories.
  • This articulates the types of cases federal courts have jurisdiction over and reinforces the role of the judiciary in interpreting federal law.
  • extArticleIIItextexcerpt(longformquotedinlecture)ext{Article III text excerpt (long form quoted in lecture)}

Case law

  • When federal courts interpret and apply law, they effectively make new law (case law).
  • Example: Courts interpret what constitutes a "reasonable accommodation" under the ADA; these interpretations become part of ADA law as case law.
  • Therefore, understanding ADA requires studying statutory text and how courts have interpreted it in specific cases.
  • The course will cover significant ADA court cases and the case law they generate.

Case Law (continued)

  • Laws are general principles, and statutes cannot predict every factual scenario; case law clarifies and adapts statutory principles over time.
  • Case law helps keep statutes from becoming outdated (e.g., the 1988 ADA did not anticipate the growth of the internet and online education; courts interpret the law as technology evolves).

Case Law (continued) – Online accessibility

  • The ADA does not explicitly specify accommodations for online resources (registration systems, online classes, websites).
  • Individuals have filed lawsuits alleging that lack of online access (e.g., no closed captions on videos) violates the ADA.
  • Courts have issued decisions about what universities must do to ensure online resources are accessible and compliant with the ADA.
  • The course will explore several such cases.

Federal Courts

  • The federal court system has three levels:
    • The trial court: district courts (federal).
    • There are 9494 district courts; each state has at least one.
    • District court decisions are binding only in their district.
    • The intermediate appellate court: US Circuit Court of Appeals.
    • There are 1313 Circuit Courts of Appeals.
    • They hear appeals from district courts and are binding only in their circuit.
    • The US Supreme Court: the highest court; appellate court with limited original jurisdiction in some cases; its decisions are binding nationwide unless reversed by the Supreme Court.
  • The hierarchy ensures a structured path from trial to appellate review and ultimately to a nationwide precedent.

US Circuit Courts of Appeals

  • The U.S. Circuit Courts of Appeals are the intermediate appellate courts for federal cases.
  • (Reference source link provided in the slides: www.usfederalcourts.net)

US Supreme Court

  • The Supreme Court is the highest appellate court with some original jurisdiction in select cases.
  • Its decisions are binding on all other courts unless reversed by the Supreme Court itself.
  • When the Supreme Court decides a matter, it becomes law of the land (precedent) for all courts.

The federal court system (visual outline)

  • US Supreme Court
  • US Circuit Court of Appeals
  • US District Courts

Precedent

  • Precedent occurs when a higher court makes a decision on an issue; lower courts must follow that precedent.
  • Example: If you are in the Fourth Circuit, you look to the Fourth Circuit’s decisions to determine the law in your area.
  • If the Supreme Court has decided an issue, that decision is binding on everyone in the United States.
  • The Supreme Court has nationwide jurisdiction.

Jurisdiction

  • Jurisdiction is the authority to make legally binding decisions.
  • A court must have jurisdiction to hear a case and issue a decision.
  • Jurisdiction is generally geographical: the district where the dispute occurs has jurisdiction.
  • Federal questions, including most ADA disputes, are typically heard in federal courts due to federal jurisdiction.

Civil and Criminal Law

  • Federal courts hear both civil and criminal cases.
  • Civil law:
    • A lawsuit by a plaintiff against a defendant alleging a failure to fulfill a legal duty, causing financial or personal injury (tort).
    • Outcomes typically include monetary damages or a court order directing or prohibiting certain actions.
    • Burden of proof: extpreponderanceoftheevidenceext{preponderance of the evidence}.
    • ADA disputes are civil lawsuits.
  • Criminal law:
    • Prosecution by the government on behalf of society for violating a statute.
    • Most criminal statutes are state statutes; most cases start in state court.
    • Outcome: guilt or not guilty; potential imprisonment or other penalties.
    • Burden of proof: guilt beyond a reasonable doubt.

What is the difference between the district courts and the appellate courts?

  • District courts (trial courts):
    • Have original jurisdiction over most cases; cases are heard first.
    • Trials may be jury trials or bench trials (judge only).
    • The trial court examines all evidence from both sides; they are fact finders and render a decision (in civil cases: responsible vs not responsible; in criminal cases: guilty vs not guilty).
  • Appellate courts (courts of appeals):
    • Hear appeals after trial courts; generally do not hear new testimony or revisit facts.
    • Review for legal errors; standard of review is rigorous for questions of law and deferential for questions of fact.
    • May fill gaps in the law and articulate new legal rules, which become precedent.
    • Decisions are issued by a panel of judges; written opinions provide case law for the course.
  • Source note: American Bar Association materials referenced in the slides.

What is the difference between the district courts and the appellate courts? (Continued)

  • Appellate courts review records from the trial court but do not rehear witnesses.
  • Possible outcomes of appellate review: uphold, reverse, or remand the case to the trial court for reconsideration without the original error.
  • The appellate decision becomes part of the law studied in this course (case law).

Sources of Law

  • Federal sources:
    • US Constitution
    • US Federal Statutes
    • US Regulations (Administrative Law)
  • State sources:
    • State Constitution
    • State Statutes
    • State Regulations
  • These sources interact, with federal law generally taking precedence in areas of national scope.

Order of Powers

  • When laws conflict, some sources take precedence over others in practice.
  • Order of powers (from highest to lower authority):
    • US Constitution
    • US Federal Statutes
    • US Regulations
    • State Constitutions
    • State Statutes
    • State Regulations
  • This order helps determine which law governs when conflicts arise between sources.

Supremacy Clause

  • The Supremacy Clause states that federal law trumps state law where there is a conflict.
  • The US Constitution is the supreme law, and if any law conflicts with the Constitution, that law is invalid.
  • Example: In 2015, the Supreme Court held that denying same-sex couples the right to marry violates the equal protection clause; as a result, laws denying marriage equality were struck down nationwide.
  • extSupremacyClauseext{Supremacy Clause}
  • ext2015SupremeCourtmarriageequalitydecision(equalprotection)ext{2015 Supreme Court marriage equality decision (equal protection)}

Sources of Disability Law

  • The primary source governing how universities address disability is the federal statute the Americans with Disabilities Act (ADA, 1988).
  • Since the ADA is a federal statute, most disability-discrimination complaints are heard in federal courts.
  • extADA(1988)ext{ADA (1988)}
  • extADAAA(2008)ext{ADAAA (2008)}
  • extSection504oftheRehabilitationActext{Section 504 of the Rehabilitation Act}
  • The ADA and related federal laws shape university responsibilities for accessibility and accommodations.