Memorandum and Protective Order

Legal Memorandum

Unit 8

Administrative Law

Carrie Brooks

MEMORANDUM

To: Supervising Attorney

From: Carrie Brooks, Paralegal

Date: June 19, 2015

Re: McKinley v. Cell Phone Education Regulation Act. and Cellular Education Service

ISSUES

1. Is it within the law for the government to enact a regulation with out a hearing or notice?

2. Is it within rights of congress to deny due process?

3. Is it lawful to demand the search of student’s property such as: lockers, backpacks, and clothes?

4. Is it legal to permanently take personal property for a person?

5. Is it within the law to deny a person the right to legal representation?

6. Is it lawful to discriminate on the basis of sex?

BRIEF ANSWERS

1. No, an agency must give notice of a hearing.

2. No, Congress cannot deny anyone due process.

3. No, an agency cannot demand a search of student’s belongings.

4. No, it is not legal to permanently take personal property.

5. No, every person has the right to legal counsel.

6. No, it is unlawful to discriminate on the basis of sex.

STATEMENTS OF FACTS

The Cell Phone Education Regulation Act. (CPERA) was put into effect to help with the growing concern regarding cell phone use among students. This act was to help eliminate the problems caused by the student using cell phones during the school day and the concerns of texting and cheating.

Overseeing the CPERA’s rules, regulations and enforcement is the Cellular Education Services (CES). Among these rule and regulations are that the students must submit to a daily search of their backpacks, desks, lockers and clothes and since female students are know to use their phone more than boys, female students should be more of a concern than boy students.

The CES devised strict penalties if a student violates any set rules or regulations. The first time a student is caught using their phone, the student gets a written violation notice. The...