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|Ontario Divisional Court Rules on Whether Liturgies and Religious Retreats Fall Within the Scope of the Exemption Under The Education Act|
Heather Pessione, Eric M. Roher; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014On April 4, 2014, the Ontario Divisional Court ruled in Erazo et al. v. Dufferin-Peel Catholic District School Board that, pursuant to the Education Act, certain students of Catholic public schools are entitled to an exemption, upon request, from some religious activities, such as mass and...
|Acceptable Use of Technology Policies: How to Manage Employee Privacy Expectations With Respect to Personal Use of School Technology|
Kelly J. Morris; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014When school employees are permitted to use their work computers for personal purposes, they are entitled to a reasonable expectation of privacy. While the exact scope of that privacy right is not entirely clear, the adoption by schools of an acceptable use of technology policy applicable to staff...
|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...
|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....
|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...
|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.