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|The Looming Financial Crisis for Colleges and Universities|
McDonald Hopkins LLC;
April 30, 2014, previously published on April 25, 2014Although the economic recovery is now five years old, the liquidity at many, if not most, colleges and universities has deteriorated and is now in the early stages of what could well become a crisis. The U.S. higher education system is the basis of our historical economic success and, while many of...
|College Football Players as University Employees: What are the Implications?|
Michael R. Blum; Foster, Swift, Collins & Smith, P.C.;
April 30, 2014, previously published on April 15, 2014The debate about whether or not student athletes should be compensated financially has been waged for decades. Colleges and universities make millions of dollars each year in athletic revenue, while athletes are entitled to receive athletic scholarships for their efforts. Many athletes, so called...
|Top Five Compliance Questions in McCaskill Campus Rape and Sexual Assault Survey to Colleges and Universities|
Anne D. Cartwright; Husch Blackwell LLP;
April 30, 2014, previously published on April 24, 2014Recently, Sen. Claire McCaskill (D-Mo.) announced a survey of 350 colleges and universities nationwide to examine how these institutions handle rapes and sexual assaults on campus. This effort reflects a swell of government, media, and student attention to this important issue and to the challenges...
|NLRB to Decide Whether Northwestern’s Scholarship Football Players Are Students or Employees|
C. Thomas Davis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 29, 2014, previously published on April 24, 2014Late this afternoon, the National Labor Relations Board (NLRB) in Washington, D.C. granted the request for review (i.e., an appeal) filed by Northwestern University in the much-watched case involving the status of Northwestern’s grant-in-aid scholarship football players. Northwestern is...
|Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education|
Lisa Karen Atkins; Ogletree Deakins Nash Smoak Stewart P.C.;
April 29, 2014, previously published on April 23, 2014On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend Affirmative Action, began as an opportunity to reconsider race-conscious...
|U.S. Supreme Court Upholds Michigan Constitutional Amendment Prohibiting Use of Race-Based Preferences in State University Admissions Decisions|
Suheily Natal; Ford & Harrison LLP;
April 29, 2014, previously published on April 25, 2014Executive Summary: The U.S. Supreme Court has upheld an amendment to the Michigan constitution that prohibits the use of race-based preferences as part of the admissions process for all state universities. See Schuette v. Coalition to Defend Affirmative Action (BAMN), 2014 U.S. LEXIS 2932 (U.S....
|Municipal Bond Market Absorbs Puerto Rico Supreme Court’s Decision that Teacher Pension Reform Legislation is Unconstitutional Contract Impairment|
William W. Kannel, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 28, 2014, previously published on April 15, 2014The latest swerve in the rollercoaster that is Puerto Rico public finance occurred on April 11 with the release of the Puerto Rico Supreme Court’s ruling striking down as unconstitutional the bulk of the territory’s teacher pension reform legislation. The outcome of the case creates...
|Iowa Supreme Court Reverses High School Coach’s Conviction for Sexual Exploitation|
Ryan G. Koopmans; Nyemaster Goode, P.C.;
April 25, 2014, previously published on April 14, 2014It’s a crime in Iowa for a “school employee”-defined as “an administrator, teacher, or other licensed professional”-to have sexual contact with a student. On Friday, the Iowa Supreme Court ruled that a high school basketball coach who holds a coaching authorization,...
|Supreme Court Ruling Exposes Continuing Division on Use of Race in Higher Education Admissions|
Catherine C. Deneke, Dean Richlin, Robert E. Toone; Foley Hoag LLP;
April 23, 2014, previously published on April 22, 2014Today’s ruling in Schuette v. Coalition to Defend Affirmative Action shows that the justices on the U.S. Supreme Court remain fundamentally divided about the future of race-conscious admission policies in higher education. While the Court’s holding on the right of Michigan voters to...
|APPR Decision of the Nassau County Supreme Court|
Lamb Barnosky LLP;
April 22, 2014, previously published on April 8, 2014A recent decision of the Nassau County Supreme Court serves as an important reminder that school districts and BOCES must take into account the Annual Professional Performance Reviews ("APPR") of their teachers and principals when making employment decisions. In Evans v. Board of...