Legal Opinion
Arizona State Board for Charter Schools v. U.S. Department of Education
Court of Appeals for the Ninth Circuit
Decided September 25, 2006No. 05-17349PublishedCited by 55 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge.
We face a question of statutory interpretation that boils down to the meaning of the word “including.” The parties offer differing interpretations of two federal statutes that define the type of school eligible to receive specific federal funds as “a nonprofit institutional day or residential school, including a public [elementary or secondary] charter school, that provides [elementary or secondary] education, as determined under State law.” 1 The district court, in a carefully written and thoughtful opinion, construed “including” to mean, essentially,…
2Cases cited17 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
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- United States v. Mead Corp.Supreme Court of the United States · 2001
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Alaska Department of Environmental Conservation v. Environmental Protection AgencySupreme Court of the United States · 2004
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3Cited by55 opinions
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- Madden v. Cowen & Co.Court of Appeals for the Ninth Circuit · 2009
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