Paul Bender

Paul Bender, Professor of Law and Dean Emeritus, was quoted in the Jan. 22 issue of the Arizona Daily Star, in an article by reporter Alexis Huicochea entitled, “TUSD Argues for Appeal of Horne Filing.” The article discussed Tucson Unified School District’s main arguments in appealing a finding that stated its Mexican-American Studies program was a violation of the law.

One of the school district’s main arguments was that Tom Horne, who was elected attorney general in November 2010, was no longer serving as state superintendent of public instruction when he delivered findings detailing a violation by the Tucson school district regarding the Mexican-American Studies program. Horne maintains that he did not assume his role as attorney general until he was officially sworn in.

In the article, Bender argued that the transfer of power between the two offices does not occur until the official oath of office is taken, which means Horne still retained power as superintendent the morning when he issued the findings.

To read the full article, click here.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court and actively participates in constitutional litigation in federal and state courts.