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35 Preview U.S. Sup. Ct. Cas. 1 (2007-2008)

handle is hein.journals/prvw34 and id is 1 raw text is: 







    Issue No.


         1

 Volume No. 35

 October 1, 2007














































Division for Public Education


COVERING THE COURT'S ENTIRE OCTOBER
    CALENDAR OF CASES, INCLUDING ...


BOARD OF


EDUCATION OF THE CITY SCHOOL DISTRICT OF
    THE CITY OF NEW YORK v.
    TOM F. EX REL. GILBERT F.


  The Individuals with Disabilities Education Act is a federal law
intended to ensure that all children with disabilities have access to
a free and appropriate education. This case asks the Supreme Court
  to clarify the circumstances in which parents who believe their
  special-needs children cannot obtain such an education in the
    public schools may be reimbursed for their private-school
                     tuition payments.




                 GALL V. UNITED STATES
                           AND
              KIMBROUGH V. UNITED STATES
 In its surprising 2005 Booker ruling, the Supreme Court held that
   judicial fact-finding under the mandatory federal Sentencing
   Guidelines violated the Sixth Amendment but then devised a
   remedy by making the guidelines effectively advisory. Booker
   also held that courts of appeals should now review sentences for
   reasonableness. Last term, the Court in Rita held that circuit
   courts may presume that a sentence within the guidelines is
   reasonable; now in Gall and Kimbrough the Court will examine
   how the reasonableness standard should apply in the review of
               sentences outside the guidelines.


               www.supremecourtpreview.org


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