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Supreme Court Poised to Weigh in on Transgender Rights

In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity. However, the Supreme Court has yet to weigh in — a situation that is about to change as the...more

U.S. Department of Education Issues Revised Handbook for Campus Safety and Security Reporting

For the first time in five years, the U.S. Department of Education (Department) has updated The Handbook for Campus Safety and Security Reporting, the primary resource for institutions of higher education seeking...more

Safeguard Your Federal Funding – Transgender Students And Title IX Compliance

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that reaffirmed its 2015 opinion letter on how Title IX’s regulations apply...more

Natasha Baker Breaks Down Fisher II on Law360

On June 23, 2016, the U.S. Supreme Court issued its long-awaited decision in Fisher v. University of Texas at Austin (Case No. 14–981)(Fisher II), ending nearly eight years of litigation involving UT’s use of race as a factor...more

Lessons From Fisher V. University Of Texas

By now, nearly everyone in higher education knows that the U.S. Supreme Court upheld the University of Texas's race-conscious admissions policy, turning back an effort to derail affirmative action. But the Court's ruling in...more

What Businesses Should Know About the 2016 North Carolina Legislative Session

The North Carolina General Assembly has completed its 2016 "short" session. A number of bills considered by Legislators will impact businesses of all types. Here are some highlights from this year's session....more

Employment Law Letter - Summer 2016

Last year the General Assembly enacted legislation prohibiting all public and private sector employers from disciplining an employee for “discussing the amount of his or her wages [or] inquiring about the wages of another...more

Stanford Swimmer Case And Baylor Athletics Report Return Focus To Title IX And Campus Sex Assault

The light criminal sentence meted out to former Stanford swimmer Brock Turner, coupled with a scathing independent report about the way Baylor University purportedly responded to claims of sex misconduct in general and sex...more

Court of Appeal Upholds Law Society of Upper Canada’s Decision to Not Accredit Proposed Law School

Religious freedom versus equality rights: how do we balance competing rights under the Canadian Charter of Rights and Freedoms (Charter)? The Ontario Court of Appeal (Court) shed light on the issue last week when it upheld...more

What Employers With Affirmative Action Policies Need to Know About a Recent Supreme Court Decision

Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a...more

Unexpected Affirmative Action News: The U.S. Supreme Court Affirms that Universities and Colleges May Continue to Use Race as a...

On June 23, 2016, in Fisher v. University of Texas et al., (“Fisher II”), the United States Supreme Court voted 4-3 to uphold the limited use of race in college and university admissions. The result was somewhat surprising...more

A Review of the Supreme Court’s 2015 - 2016 Term

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

Supreme Court Upholds University Affirmative Action Admissions Policy

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior...more

Supreme Court Upholds University of Texas Race-Conscious Admissions Program

In a long-awaited decision, the Supreme Court recently furnished a victory for affirmative action admissions programs. The 4-3 decision in Fisher v. University of Texas at Austin, written by Justice Kennedy, declared that the...more

The Supreme Court - June 2016 #8

The Supreme Court granted certiorari in eight cases last week: Bank of America Corp. v. Miami, No. 15-1111; Wells Fargo & Co. v. Miami, 15-1112: (1) Whether the term “aggrieved” in the Fair Housing Act imposes a...more

Supreme Court Agrees to Hear Special Education Case

On June 28, the Supreme Court of the United States issued an order accepting to hear an appeal out of Michigan in the case Fry v. Napoleon Community Schools, No. 15-497, order granting cert, (June 28, 2016), that presents the...more

U.S. Supreme Court Upholds Race-Conscious Admissions Program

In a decision sending waves through the tertiary education community and beyond, the U.S. Supreme Court upheld—by a four to three vote—the University of Texas’ (the University) race-conscious admissions program as lawful...more

Affirmative Action after Fisher II: Lessons from the University of Texas Experience

Now that the Supreme Court has upheld the use of race as a “factor of a factor of a factor” in the University of Texas’s admissions program, institutions can glean some guidance from the decision to create and administer...more

Supreme Court Update: Fisher V. University Of Texas (14-981) And United States V. Texas (15-674)

While "Brexit" is dominating the international headlines, it was a Texas twin bill yesterday on First Street, as The Eight handed down a 4-4 affirmance in United States v. Texas (15-674), upholding a nationwide injunction...more

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

The Second Coming of Fisher: UT Austin’s Race-Conscious Admissions Policy Upheld by SCOTUS

On June 23, 2016, the U.S. Supreme Court upheld the University of Texas at Austin’s use of race in its admissions policies and procedures by rendering a decision in the second case brought by Abigail Fisher, a white woman who...more

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

High Court Finds UT Austin Race-Conscious Admissions Process Constitutional

In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect...more

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

United States Supreme Court Approves Race-Conscious Admissions Policy

On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious...more

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