What Are the facts

[Rick Duncan]

Here is some additional information, reported by the Chronicle of Higher Education, apparently coming from an email sent by a university admissions official: 

In an e-mail message cited in the lawsuit, a university admissions official wrote that the content of courses that use textbooks from the two publishers is "not consistent with the viewpoints and knowledge generally accepted in the scientific community." 

Here is another excerpt from the Chronicle article:

According to the 108-page complaint, which names the system's Board of Regents and five university officials as defendants, the university rejected biology and physics courses at Calvary Chapel Christian School and other Christian schools because the courses included the use of textbooks published by A Beka Book Inc. and Bob Jones University Press, two Christian publishers. 

These are probably the two largest publishers of textbooks for theologically conservative Christian schools. In other words, many Christian schools will be affected by this textbook decision. If schools which use these textbooks have their courses disapproved for UC admissions, then students who graduate from these schools will not be allowed to attend the state university. Some may see this as the University merely maintaining academic standards. But to others it amounts to a "conservative Christian school graduates need not apply" sign posted on the gate to UC.

The email quoted by the Chronicle may be a forgery, but if it is accurate it amounts to an admission that the university is targeting, at least in part ,the religious viewpoints expressed in the textbooks.

Rick Duncan


Mark Graber <mgraber at gvpt.umd.edu> wrote:But, as I read the article, the crucial factual allegation were as
counsel reported them, the paper simply quotes Bird without commenting
on the accuracy of his allegations.

>>> nebraskalawprof at yahoo.com 08/29/05 2:31 PM >>>
Mark: Of course. We are relying on the news reports for the facts.
Litigation may tell a more complete or even a different story. And as I
said, Bird may win or Bird may lose. Even if the facts are as Bird
alleges, Bird may lose because the courts may decide to defer to the
University in the admissions process.

But if the facts are as the newspaper reports them, there are serious
issues about Fr Sp, Fr Ex, and perhaps even under the EC. I think we
agree on this much.

Rick


Rick Duncan wrote:Date: Mon, 29 Aug 2005
11:28:39 -0700 (PDT)
From: Rick Duncan 
Subject: Re: What Are the facts
To: Mark Graber 

Mark: Of course. We are relying on the news reports for the facts.
Litigation may tell a more complete or even a different story. And as I
said, Bird may win or Bird may lose. Even if the facts are as Bird
alleges, Bird may lose because the courts may decide to defer to the
University in the admissions process.

But if the facts are as the newspaper reports them, there are serious
issues about Fr Sp, Fr Ex, and perhaps even under the EC. I think we
agree on this much.

Rick



Mark Graber wrote:
Professor Duncan writes:

"UC officials have decided to "single out one perspective, and turn down
these courses because of their Christian perspective," said Wendell
Bird, an Atlanta-based lawyer who filed the lawsuit in Los Angeles
federal court. "That is flat-out discrimination." "

I am not sure this is that helpful.

1. I suspect most people would agree that if the UC system is behaving
as counsel describes, they are behaving unconstitutionally. I suspect,
by the way, that even Professor Duncan might agree that if the facts as
presented in the UC brief are 100% correct, then they ought to win.

2. I suspect most people would agree that in a very high percentage of
constitutional lawsuits, particularly at the district court level, if
the facts as alleged by one party ar correct, then that party ought to
win on the merits.

Mark A. Graber


Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902

"When the Round Table is broken every man must follow either Galahad or
Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
numbered." --The Prisoner
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Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902

"When the Round Table is broken every man must follow either Galahad or
Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
numbered." --The Prisoner
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Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902

"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered."  --The Prisoner
		
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