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- Title
CONSTITUTIONAL LAW--SEPARATION OF POWERS: THE NORTH DAKOTA SUPREME COURT BALANCES THE CONSTITUTIONAL AUTHORITY OF THE STATE BOARD OF HIGHER EDUCATION, THE STATE LEGISLATURE, AND THE JUDICIARY.
- Authors
Hoy, James R.
- Abstract
In Ellis v. North Dakota State University (Ellis I), the North Dakota Supreme Court upheld the district court's determination that equitable estoppel tolled the statute of limitations on George Ellis's claims. The court, however, reversed and remanded the district court's decision that NDSU intentionally discriminated against Ellis under the North Dakota Human Rights Act because it determined the district court was required to review the NDSU Staff Personnel Board's decision under a deferential standard of review instead of the employed de novo review. In reaching its conclusion, the North Dakota Supreme Court reasoned the Peterson deferential standard of review appropriately balanced the North Dakota Board of Higher Education's constitutional authority within the separation of powers doctrine. Part I of this article outlines the factual background of Ellis I. Part II discusses the legal background of the separation of powers doctrine, the North Dakota Board of Higher Education, the North Dakota Human Rights Act, the doctrine of equitable estoppel, and the legal history preceding Ellis I. Part III explains the majority and dissenting opinions in Ellis I and analyzes the court's rationale in reaching its conclusion. Finally, Part IV discusses the specific impact of the court's decision in Ellis I on George Ellis, as well as the general impact the decision may have on similarly situated university employees seeking to bring discrimination claims under the North Dakota Human Rights Act.
- Subjects
NORTH Dakota; UNITED States; ACTIONS &; defenses (Law); NORTH Dakota. Supreme Court; EQUITABLE estoppel; HUMAN rights; EMPLOYMENT discrimination; CONSTITUTIONAL law
- Publication
North Dakota Law Review, 2010, Vol 86, Issue 4, p905
- ISSN
0029-2745
- Publication type
Article