Saturday, November 28, 2015

American Nurses Association v. Illinois case brief summary

American Nurses Association v. Illinois case brief
1986 U.S. Ct of Appeals 7th circuit

Posture: Ct of Appeals reversed and remanded the case to the trial ct. The trial court decided to dismiss the complaint. The case began in Illinois federal court.
Facts: Class action against the State of Illinois with sex discrimination, the complaint is a wage complaint. The district judge dismissed the complaint because it was a comparable worth case which does not violate federal anti-discrimination law. Plaintiff appeals because that was not what the case was about. 

Reasoning: If they really are just complaining about a lack of a comparable worth study to make sure men and women get the same pay, then there is no case. Posner wants to look closer at the complaint.  A complaint cannot be dismissed merely because it includes invalid claims along with a valid claim. Posner says that when a defendant is unclear about a particular allegation, the plaintiff must amend for a more definite statement. Otherwise, it would not be fair. He finds that if the government willfully decided not to pay comparable wages because they thought men deserved to pay more, then the complaint can exist and survive a motion to dismiss. A complaint is not required to allege all, or even any, of facts logically entailed by the claim. 

Essential Guides and Hornbooks for Law School

For every class, it is wise to buy supplemental books.  These are usually in the form of "examples and explanations books" and hornbooks.  

The sum total of cost of these books may seem high, but they dwarfed by the tangible gain received by finishing high in your class. 

Since you have likely sunk well over $120,000 into law school, the additional cost of about $120 per class is worth it. Hornbooks typically are $60, while Examples & Explanations (E&E) are $30

I have created links to the recommended books below.  

Examples and Explanation Series

Civil Procedure: Examples & Explanations 5th edition Contracts: Examples and Explanations (Examples & Explanations Series) Criminal Law (The Examples & Explanations Series) Constitutional Law--National Power and Federalism: Examples and Explanations (Examples & Explanations Series)


Prosser and Keeton on Torts, 5th Edition Civil Procedure (Hornbook) Constitutional Law (Hornbook Series)

Disclosure:  Some of the above links may be affiliate links.

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