parties are on the line thank you col case number fourteen dash three three six five frank reg vs youngstown state university at all argument not to exceed fifteen minutes per side mr inquiries and report to the council promptly made inquiries and once we were able to verify the nature of the relation of the undisclosed relationship we were to opposing counsel and we were and shortly after the but it's close and you know i mean there's just entered that it's called the judge has determined that refusal is not required but the judge has to bring it to the parties to lead them but to ask for argument i mean i'm i'm certainly the judge could maybe many judges do but are you saying a judge is required to do that when the judge has made a made a determination that it's not required it's my understanding that no determination was made by the judge that's not required until request to get additional time to be considered for tenure terms wasn't well that was the absence of the request but the basis of the request was made clearly based upon his obligations to provide for others your honor so i know stated in her opinion and the court is repeatedly found but i'm a large disagreement of reasonable minds and the tenure setting doesn't entitle someone to a federal jury trial is correct and it great that in federal employment discrimination and retaliation cases of subjective criteria that often require courts to scrutinize more closely the motive behind a job action but again without more ado some subjective standards which are almost always present in a tenure decision does not entitle someone to a federal jury trial when there tonight ten or dr magazines claims sex discrimination and i like retaliation professional and the administrative office for united states courts she would you advise three opinions one of which said that a judge is when a judge a spouse is employed at a university that doesn't require the judge's recusal from because they had no knowledge of any relationship between a district judge and the law professor and the defendant left it to the district judge to make her own judgment about whether there was any merit to this request the additional element that background circumstances must be put before the court that the employer is really unusual employer and discriminating against men is just bothers me but bargaining agreement was quite clear that for people in certain situations who needed an extra year due to out childbirth for example that's for sure a child conditions of themselves or a family member they could get that extra year the standard is quote consistent evidence of performance and promise during its first second third and fourth probationary year at youngstown state dr magazine did not produce a single peer reviewed article and again was a professor who'd been working for six years previously at university there was there were questions raised about the quality of one of the journals in which he published that  late publishers did not come up record demonstrates that when dr ragan accepted his position at one youngstown state he would be given a lab and funding to build a lab to do its experiments and that funding didn't even occur until the second year