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|Eighth Circuit: Political Discrimination Case Against Iowa Law School Must Be Retried|
Ryan G. Koopmans, Ryan W. Leemkuil; Nyemaster Goode, P.C.;
July 19, 2014, previously published on July 15, 2014The political discrimination lawsuit against former Iowa law school dean Carolyn Jones is being sent back down for retrial. The Eighth Circuit Court of Appeals ruled today that when the federal magistrate declared a mistrial because the jury was deadlocked, he could not recall the jury some two...
|Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect|
Anessa Abrams, B. Patrice Clair, Gary L. Lieber; Ford & Harrison LLP;
July 18, 2014, previously published on July 17, 2014Executive Summary: A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss, finding that the plaintiff's counsel's...
|Supreme Court Decisions Impact Higher Education|
Ben Irwin; Husch Blackwell LLP;
July 15, 2014, previously published on July 9, 2014In recent weeks, the U.S. Supreme Court issued several key decisions that have - or may have in the future - implications for institutions of higher education. These rulings focused on the protection of digital information on cellphones, the Affordable Care Act’s contraceptive mandate, the...
|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...
|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...
|A Mundane Lesson from an Important Decision, or, the Importance of Presenting Evidence|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
April 1, 2014, previously published on March 20, 2014While many Kansans eagerly awaited the Kansas Supreme Court main decision on the constitutionality of school finance, the court also issued a holding reminding counsel that plaintiffs must prove standing, and defendants may raise this jurisdictional issue at any time.
|Sometimes Your Mistakes Are Not Held Against You|
Jason K. Wright; Weltman, Weinberg & Reis Co., L.P.A.;
March 31, 2014, previously published on March 27, 2014One of my favorite sayings is "I have never seen anyone punished for doing the right thing." I have had many opportunities to share this advice with others, and it's true. The people who will judge your conduct later will ultimately measure you against their own set of beliefs regarding...
|Non-Courtside Madness? Resume Fraud Costs Manhattan Coach Steve Masiello From Securing South Florida Coaching Job|
Jennifer B. Rubin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 31, 2014, previously published on March 27, 2014Our attention on the NCAA college basketball tournament was temporarily diverted by the non-courtside drama that played out this week when the University of South Florida revoked its head coaching offer to Steve Masiello after it learned that he lied about his educational credentials.