No. 18-120

Leila Hernandez v. Guy Bailey, et al.

Lower Court: Fifth Circuit
Docketed: 2018-07-27
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-vagueness disciplinary-record due-process equal-protection faculty-employment fourteenth-amendment higher-education tenure tenure-rights tenured-professors unconstitutionally-vague university-merger vagueness
Key Terms:
AdministrativeLaw SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Denial of due process rights to tenured professors in university merger, equal protection challenge to disciplinary record requirement, vagueness challenge to merger legislation

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Whether Fourteenth Amendment due process rights should be denied to tenured professors when two universities (The University of Texas-Pan American and The University of Texas at Brownsville) merge? II. Whether the requirement that tenured professors at the merged higher education institution (The University of Texas Rio Grande Valley) not have any disciplinary record within seven years of application is rational under an equal protection analysis? III. Whether the phrases “as many” and “prudent and practical” in the Act that provided “the board of regents shall facilitate the employment at the university created by this Act of as many faculty and staff of the abolished universities as is prudent and practical” are unconstitutionally vague on their face?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-08
DISTRIBUTED for Conference of 9/24/2018.
2018-07-30
Waiver of right of respondents Bailey, et al. to respond filed.
2018-05-07
Petition for a writ of certiorari filed. (Response due August 27, 2018)

Attorneys

hernandez
William Daniel Mount Jr.Dale & Klein, L.L.P., Petitioner
William Daniel Mount Jr.Dale & Klein, L.L.P., Petitioner