Singing a September School-Start Song

Thursday will be the first day of the new school year for the vast majority of public school students in Wisconsin. Why? Because that’s the law. No, not that school start on a Thursday, but that it not start earlier than September 1. And why is that? Because tourism industry leaders lobbied so hard for it.

In fact, when the law went through the legislature in the late 1990s, it was handled in the tourism committees of the Assembly and Senate, and not in the education committees, even though the subject was school calendars. I’ve always thought that said something about priorities in Wisconsin.

School opening dates in many districts had moved up over the years into late August. This was a problem, in the eyes of those in the tourism business. They said they wanted kids and parents to have the maximum opportunity to take vacations that build healthy family bonds and life-long memories. (As the song from Man of La Mancha put it, I’m only thinking of him.)  Let’s assume they also wanted to maximize their summer season and hold on to their high school student employees longer.

So, since 2000, state law 118.045 has specified “no public school may commence the school term until September 1.”   Athletic contests are exempted, as are in-service days for staff (which is why most teachers went back to work Tuesday or so).  Schools on so-called year-round calendars (which mean they take  shorter summer breaks but have the same total of school days) are exempt. And other schools that convince the state Department of Public Instruction there are “extraordinary reasons” may be granted exceptions. In Milwaukee, that includes several schools that have International Baccalaureate programs that call for starting in August. Private schools and higher-education institutions are not included in the law.

Continue ReadingSinging a September School-Start Song

Divorce Is for the Masses

Americans continue to divorce at a high rate, but divorce rates have gotten smaller in recent years.  This is especially true for the professional/managerial class.  According to a study by the National Marriage Project at the University of Virginia, only 11% of college-educated Americans are now divorcing within the first 10 years of marriage, compared with almost 37% for the rest of the population.  It appears that college–educated Americans, who in general are more politically and socially liberal, are developing a greater commitment to getting and staying married.

This trend has economic ramifications and, in particular, contributes to growing disparities in wealth distribution.  In this day and age, both husband and wife are likely to work for pay outside the home, and two-income households are usually better off than single-income households.  It’s further proof, I guess, of the way the private family sphere is always intertwined within the public market sphere.

For more discussion of the topic, see Pamela Paul, “How Divorce Lost Its Cachet,” New York Times, 17 June ’11, Styles 1:

http://www.nytimes.com/2011/06/19/fashion/how-divorce-lost-its-cachet.html?pagewanted=all

 

Continue ReadingDivorce Is for the Masses

Seventh Circuit Rejects Retroactivity for Padilla

In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Supreme Court held that a lawyer provides ineffective assistance of counsel by failing to inform a client of the deportation risks that result from a guilty plea.  However, the Court did not clearly indicate whether its holding must be applied retroactively to cases on collateral review, leaving the lower courts to sort out the mess.  A handful of district courts have already split on this issue.  Now, with the Seventh Circuit’s ruling last week in Chaidez v. United States (No. 10-3623), the circuits are also split.  A divided panel in Chaidez rejected both retroactivity and the Third Circuit’s reasoning to the contrary in United States v. Orocio, 645 F.3d 630 (3d Cir. 2011).

As the Chaidez majority observed, the key legal issue is whether Padilla announced a new rule, or merely provided an application of the established principles of ineffective assistance from Strickland v. Washington, 466 U.S. 668 (1984).  Under Teague v. Lane, 489 U.S. 288 (1989), a new rule may not be applied retroactively unless it falls into one of two exceptions that plainly do not encompass the Padilla holding.

Teague and least some of its progeny suggest what seems effectively a strong presumption in favor of a “new rule” finding (and hence against retroactivity).  Here is how the Chaidez majority characterized the law:

Continue ReadingSeventh Circuit Rejects Retroactivity for Padilla