Jim C. v. AR Dept. of Education
| Decision Date | 14 December 1999 |
| Docket Number | No. 98-1830,98-1830 |
| Citation | 197 F.3d 958 |
| Parties | (8th Cir. 1999) Jim C., et al., Appellees, v. Arkansas Department of Education, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Appeal from the United States District Court for the Eastern District of Arkansas.
The petition of the United States of America for rehearing en banc is granted. This grant of rehearing en banc is limited to the spending clause issue raised by the petition. Those portions of the court's August 31, 1999, opinion and judgment covering the spending clause issue are vacated. The remainder of the court's opinion and judgment, including that portion of the opinion and judgment in Bradley v. Arkansas Dept. of Educ., 189 F.3d 745 (8th Cir. 1999) is unaffected by this order.
The clerk is directed to set this case on the court en banc's calendar for oral argument on Friday, January 14, 2000. The case will be assigned twenty (20) minutes per side.
Counsel should immediately forward twenty-one (21) copies of their previously-filed briefs and appendices for distribution to the court en banc.
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Robinson v. Kansas
...F.3d 745, 757-58 (8th Cir.1999). That portion of the opinion, however, has been vacated and reheard en banc. See Jim C. v. Arkansas Dept. of Ed., 197 F.3d 958 (8th Cir.1999) (argued Jan. 14, In their reply brief, defendants make what the court assumes to be a generalized federalism argument......
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Cohen v. Nebraska Dept. Administrative Services, 4:99CV3171.
...states' Eleventh Amendment immunity), petition for reh'g en banc granted as to spending clause issue sub nom., Jim C. v. Arkansas Dep't of Educ., 197 F.3d 958 (8th Cir.1999); Alsbrook v. City of Maumelle, 184 F.3d 999, 1005-1010 (8th Cir.1999) (extension of Title II of ADA to states not pro......
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...Article I spending power. 189 F.3d 745, 756, 758, vacated in part, en banc reh'g granted in part sub nom. Jim C. v. Ark. Dep't of Educ., 197 F.3d 958 (8th Cir. 1999). Since the District Court issued its order, we revisited the spending power issue of Bradley en banc, and concluded that, on ......
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...Arkansas Department of Education, 189 F.3d 745 (8th Cir. 1999), has been vacated and reheard en banc under the name Jim C. v. Arkansas Department of Education, 197 F.3d 958 (argued Jan. 14, 2000), and appears to be based on a misreading of the Rehabilitation Act's Stanley's major hurdle on ......
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Overcoming immunity: the case of federal regulation of intellectual property.
...in view of the decision in Bradley v. Ark. Dep't of Educ., 189 F.3d 745 (8th Cir. 1999), vacated sub nom. Jim C. v. Ark. Dept. of Educ., 197 F.3d 958 (8th Cir. 1999). There, a panel of the Eighth Circuit held unconstitutional federal statutes providing that a state program or activity recei......
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Judicial selection: a pragmatic approach.
...Id. at 757. The Eighth Circuit, acting en banc, vacated this holding pending review on rehearing. See Jim C. v. Arkansas Dept. of Educ., 197 F.3d 958 (8th Cir. 1999). If the new President plans to condition existing or future federal grants to States upon the States' implementation of chara......