FRC New Item Archive

March 25, 2007 - SMU professors protest intelligent design conference on campus
Gayle Fallon reecleted to head Houston Federation of Teachers in contested race; challenger alleges irregularities in voiting.
March 20, 2007 - The Houston Chronicle reports that UH Chancellor Jay Gogue will likely leave UH to accept job at his alma
mater. Texas Legislature considering bill to make it easier to shut down low-performing charter schools
Dec. 26, 2006 - Sixth Circuit Hands Down Decision in Case Challenging Michigan Judicial Recusal Rule. Appellate court holds
that Rooker-Feldman doctrine does not bar Section 1983 claim for prospective relief. Fieger v. Ferry, No. 05-1295 (6th Cir., Dec.
26, 2006). Fifth Circuit ruled otherwise in Faculty Rights Coalition v. Hanks, and affirmed dismissal of civil rights action
challenging state judges failure to recuse themselves on account of conflict of interest. 190 Fed.Appx. 357 (5th Cir. 2006). Also
see controversy over judges accepting free tickets from a UT.
Nov. 17, 2006 - Fifth Circuit orders en banc rehearing in Houston court house bible display case. Staley vs. Harris County II
Panel opinion --> Staley v. Harris Count y No. 04-20667 (5th Cir. Aug. 15, 2006)(Bible Display in front of old Harris County Civil
Courthouse unconstitutional under First Amendment establishment clause). En banc oral argument held January 23, 2007 in
New Orleans.
Nov. 14, 2006 - Texas Supreme Court hears oral argument in University's appeal in Texas A&M Univ. v. Sefa Koseoglu, 167 S..3d
375 (Tex.App.-Waco 2005)(university employee sued for breach of settlement agreement). See Supreme Court Docket No. 05-
0321.
Nov. 2, 2006 - Fifth Circuit Court of Appeals affirms district court's dismissal of adjunct faculty first amendment suit and
constitutional challenge to Texas statute prohibiting collective bargaining at Texas state universities. Faculty Rights v s .
Shahrokhi (5th Cir. Nov. 2, 2006)(freedom of speech-retaliation, freedom of association, and equal protection claims)(petition for
writ of certiorari to be filed).
Faculty Rights Coalition v . Hossein Shahrokhi (5th Cir. 2006) Plaintiffs' D ocuments and Pleadings
Oct. 20, 2006 - U.S. Court of Appeals issues revised en banc opinion in CWA v. Ector County Hospital (First Amendment speech
case, labor union advocacy in public employment, ban on collective bargaining for state employees in Texas)
Oct 20, 2006 - Supreme Court Sets New Precedent re: Enforceability of Post-employment Noncompete Clauses.
Sheshunoff Management Services v. Johnson, Strunk & Associates (Tex. Oct. 20, 2006)(Opinion by Justice Willet)(major change
in law on post-employment confidentiality, non-compete agreements, enforceability of covenants not to compete, at-will
employment).
Oct. 5, 2006 - Fifth Circuit limits union speech in the public workplace, reverses district court and appellate panel opinion
upholding public employees' First Amendment right to wear Union-Yes buttons at work. CWA v. Ector County Hospital District
(5th Cir. 2006).
Sep. 27, 2006 - Petition for Certiorari in Judicial Disqualification Case Filed - F aculty Rights Coalition v s . George C. Hanks
Sep 25, 2006 - Settlement reached in suit over University of Texas (UT) surveillance cameras in the classroom, Student Press
Law Center reports. Texas Attorney General's Office represented both sides due to its dual roles as legal counsel for state
entities and administrator of the state's open records act, now known as Texas Public Information Act.
Sep. 9, 2006 - Federal Judge who accepted university football tickets recuses himself from faculty member 's suit against UT.
Aug 3, 2006 - First Court of Appeals Applies Supreme Court's sovereign immunity holding in Tooke v. City of Mexia, [see below]
in breach of contract case against school district, overrules contractor’s waiver of immunity argument based on statutory “sue
and be sued” language; also rejects waiver by conduct theory. Channelview I ndependent S chool D istrict v. A. R. C. I. Ltd (Tex.
App.– Houston [1st Dist.] 2006)(Opinion by Justice Jane N . Bland)
Aug 3, 2006 - Former TSU President Priscilla Slade indicted over financial improprieties at school, Houston Chronicle reports.
July 27, 2006 - Armless Student sues University of Houston (UH) under A mericans with Disabilities Act (ADA))
July 7, 2006 - Former First Court of Appeals Justice Eric Andell Publicly Admonished by State Commission on Judicial Conduct.
Commission finds that judge violated judicial ethics rules and acted in manner undermining the public's confidence in the
judiciary
June 30, 2006 -Texas Supreme Court Expands Immunity Doctrine, Hands Down Numerous Sovereign Im munity Rulings
Neither the City of Houston nor the University of Houston may be sued for breach of contract based on sue-and-be-sued
language in the city charter and in the Texas Education Cod e, respectively. See Tooke v. City of Mexia, No. 03-0878 (Tex. June 30,
2006); Reata Construction Corp . v. City of Dallas No. 02-1031 (Tex. June 30, 2006)(governmental entities waive immunity when
they bring suit or file claims for affirmative relief in pending suits; See all new Texas S upreme C ourt sovereign immunity
opinion s.
June 29, 2006 - Fifth Circuit Backs Challenged Judges in Judicial Recusal Case - Declines to adopt automatic disqualification
rule for judges who hear cases involving schools where they teach. Court affirms dismissal of civil rights complaint challenging
non-recusal of state judges and justices on jurisdictional grounds, as it did in Public Citizen Inc. v. Bomer, 274 F.3d 212 (5th Cir.
2002)(dismissing constitutional challenge to judicial campaign finance practices in Texas on the theory that the Plaintiffs had not
suffered any harm, i.e. on standing grounds); Court further holds that M otion to R ecuse U. S. District Judge Lynn N. Hughes who
had the same conflict of interest as the defendants, was untimely, and passes up invitation to fashion new rule requiring non-
discretionary disqualification of a judge from a case involving a university or law schools from which the judge has accepted
money for teaching or presentations. See Faculty Rights Coalition v. George C. Hanks, Jr. No 05-20348 (5th Cir. 2006)(per
curiam)(Higginbotham, Benavides, and Dennis). Related documents: Plaintiffs-A ppellants' Brie f in the Fifth Circuit; Complaint in
the Southern District of Texas-Houston Division;Motion to Recuse Pursuant to 28 U.S.C. 455; Motion for Reconsideration;
Attorney General Abbott Open Records Letter Ruling OR2005-03942 (requiring release of records of payments made to judges
and justices). Other recent disqualification and recusal cases.
March 17, 2006 - Texas Supreme Court holds First Court of Appeals Justice Higley disqualified from sitting in case because of
prior relationship with law firm. First Court of Appeals Justice Laura Carter Higley should have recused herself from case in
which law firm she had worked for represented one party, to avoid appearance of conflict of interest. Court further holds that
disqualification may be raised post-judgment, and remands for reconsideration by the First Court of Appeals. See Tesco
American, Inc. v. Strong Industries, Inc., No. 04-0269 (Tex. March 17, 2006); Justice Nathan Hecht agrees on the substance, but
would decide the case rather than remand it. Also see Burkett v. State of Texas, No. 06-05-00066-CV (Tex.App.-Texarkana, July 5,
2006)(Participation of disqualified judge in discretionary capacity requires reversal even if error was harmless)