http://www.memphisflyer.com/CityBeatBlog/archives/2013/02/27/twenty-questions-whats-a-special-master Comments On: Twenty Questions: What's a Special Master? by John Branston en-us Copyright 2013 Memphis Flyer. All rights reserved. This RSS file is offered to individuals, Memphis Flyer readers, and non-commercial organizations only. Any commercial websites wishing to use this RSS file, please contact Memphis Flyer. wil@desert.net (Memphis Flyer Webmaster) Wed, 19 Jun 2013 00:00:01 -0500 Wed, 19 Jun 2013 22:45:00 -0500 Foundation http://blogs.law.harvard.edu/tech/rss Posted by Memphisario]]> Sat, 02 Mar 2013 09:35:50 -0600 Memphis Flyer This is public knowledge. Nothing I wrote implies it's "in the know".
Posted by homersimpson]]> Sat, 02 Mar 2013 08:23:42 -0600 Memphis Flyer
You are not as, "in the know", as you think you are. There is a completely different plan on how to deal with the ASD.

You are on the right track though.
Posted by oldtimeplayer]]> Sat, 02 Mar 2013 08:16:14 -0600 Memphis Flyer
MCS wants to close Humes and turn it into an arts optional/magnet. Hobson believes that by closing a school it comes out of the ASD.
Posted by homersimpson]]> Sat, 02 Mar 2013 07:24:30 -0600 Memphis Flyer
It is not the Master I would be worried about.

If I were a member of the BOE and the Judge isssued an order, I think it would be wise to obey.

I don't think this Master is going to be given direct power. What I think is that he/she is going to make "recommendations" to the Judge and the Judge will issue orders to the BOE.

If you were Judge Mays, and your purpose is to get the systems merged by July1st, what orders would you issue right now, given that performance last night?
Posted by ArlingtonPop]]> Fri, 01 Mar 2013 08:47:56 -0600 Memphis Flyer I hope your kid isn't affected by the stuff at Ridgeway. I saw that the press finally got wind of it last night.
Posted by homersimpson]]> Fri, 01 Mar 2013 06:32:11 -0600 Memphis Flyer Posted by homersimpson]]> Fri, 01 Mar 2013 06:02:39 -0600 Memphis Flyer
Appeals of a master must be filed within 21 days. The judge sets a hearing or just get written submissions from the parties and rules.
Posted by oldtimeplayer]]> Fri, 01 Mar 2013 00:04:29 -0600 Memphis Flyer Posted by ArlingtonPop]]> Thu, 28 Feb 2013 22:56:06 -0600 Memphis Flyer
Yeah, I'm sure you did.

Defying a Federal Judge's order can have painful consequences, I am told.

That Perp Walk can really be embarrassing when Judge Mays throws your board member into jail for contempt.

But, take heart.
Posted by ArlingtonPop]]> Thu, 28 Feb 2013 22:39:26 -0600 Memphis Flyer
I talked to my board member and he assured me that the Memphis contingent would not just roll over for any orders contrary to the signed agreement that Judge Mays trys to do. They will object and/or appeal.

So, yes, it is quite simple.
Posted by oldtimeplayer]]> Thu, 28 Feb 2013 21:17:01 -0600 Memphis Flyer
The merger is dictated by some very precise laws as referenced in the consent order. That's all the judge needs.
Posted by homersimpson]]> Thu, 28 Feb 2013 11:27:10 -0600 Memphis Flyer
That portion of the trial, surrender and merger, has already been made. The judges order and subsequent agreement by all sides is signed, sealed and delivered.
Posted by oldtimeplayer]]> Thu, 28 Feb 2013 09:23:38 -0600 Memphis Flyer
The special master may not have the authority to make decisions, but the judge sure as hell does.
Posted by homersimpson]]> Thu, 28 Feb 2013 05:56:00 -0600 Memphis Flyer
Maybe your legal beagle friend is right.

I just don't know.

I would presume that Judge Mays knows the rules, too.

So we shall see.
Posted by ArlingtonPop]]> Wed, 27 Feb 2013 20:47:58 -0600 Memphis Flyer
My legal beagle put it in a different way. He explained to me that a court appointed master had to work according to the terms as stated in the consent agreement.

The consent agreement, in question, spelled out what the parties must do in order to merge.
Posted by oldtimeplayer]]> Wed, 27 Feb 2013 20:23:22 -0600 Memphis Flyer
I agree that (A) appears to be the operative scope of duty.

Since the parties all signed the consent agreement to merge the systems, and all parties consented to the appointment of the Special Master at the Judge's descretion, I presume (A) means that the Special Master, under the consent agreement, can perform any duties persuant to the merger that the Judge gives him/her the power to do. Otherwise, why consent to a Special Master in the first place?

But I really don't know.

As I mentioned earlier, one of our leaders told me in person that both sides would be doing exactly what Judge Mays allows them to do and nothing more.
Posted by ArlingtonPop]]> Wed, 27 Feb 2013 19:25:10 -0600 Memphis Flyer
rewrite. should be, I re-read the consent agreement and I honestly didn't see where all of this other sthat a master will or could do.
Posted by oldtimeplayer]]> Wed, 27 Feb 2013 19:04:17 -0600 Memphis Flyer
It seems like some people are going overboard with this master thing. Maybe, if John had been just a bit more forthcoming with what a master is and what he does, people would have gotten a better idea of the parameters a master have to work in.

Excerpts from Federal Rule 53, Masters

(B) appointment

1.
Posted by oldtimeplayer]]> Wed, 27 Feb 2013 19:01:35 -0600 Memphis Flyer Posted by OakTree]]> Wed, 27 Feb 2013 18:04:02 -0600 Memphis Flyer
Fascinating possibility there.

Well, I suppose it wouldn't work. Terry is sometimes hard to understand with that accent, and besides he might get agitated and threaten to whip Martavious' butt.
Posted by ArlingtonPop]]> Wed, 27 Feb 2013 17:16:04 -0600 Memphis Flyer Posted by clarion]]> Wed, 27 Feb 2013 16:42:49 -0600 Memphis Flyer Posted by tomguleff]]> Wed, 27 Feb 2013 16:23:19 -0600 Memphis Flyer
I am thinking that Judge Mays still has hopes the two sides can negotiate and arrive at some settlement. Remember there is still the prospect of a bloody trial on the discrimination issue ahead.

A long, mean trial with charges of intentional racism part of the mix.
Posted by ArlingtonPop]]> Wed, 27 Feb 2013 14:27:00 -0600 Memphis Flyer
Respectfully, saying that as far as teachers and students are concerned, nothing will be materially change depends on which end of the rope you are holding.

We think that cutting 380 positions out of county schools, including 160 teachers, is a material change for our kids. We were told that our kids would be in the same classes with the same teachers.
Posted by ArlingtonPop]]> Wed, 27 Feb 2013 14:09:13 -0600 Memphis Flyer