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Connecticut Court Orders Major Overhaul of Primary and Secondary Education Policies

On September 7, 2016, a Connecticut trial court in Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, ordered the state to implement major reforms to its education policies. More than a decade ago, a...more

Connecticut Unaffected by Federal Court Order Forbidding Enforcement of Transgender Guidance

Recently, a federal district court in Texas sided with Texas and several other states that challenged federal guidance instructing schools to accommodate transgender students under federal anti-discrimination laws. The...more

Federal Judge Blocks Obama Administration’s Transgender Bathroom Policy

A federal judge in Texas has dealt a serious blow to the Obama administration’s transgender school bathroom directive, barring the federal order which required schools to allow transgender students to use bathrooms, locker...more

U.S. Supreme Court Blocks Order Allowing Transgender Restroom Choice

On August 3, 2016, amidst national debate over transgender rights, the United States Supreme Court temporarily blocked a court order that had allowed a transgender student to use the boys’ restrooms in a Virginia high school....more

Second Circuit Revives Title IX Reverse Discrimination Suit against Columbia University

In a significant recent decision, the Second Circuit made it easier for college students punished for sexual assault to bring reverse discrimination claims under Title IX. In Doe v. Columbia University, 2016 WL 4056034 (July...more

United States Supreme Court Issues Temporary Stay of Fourth Circuit's Transgender Restroom Decision

This Client Alert is in follow-up to our April 22, 2016 and May 13, 2016 Legal Updates addressing transgender student issues under Title IX of the Education Amendments Act of 1972 (“Title IX”). On August 3, 2016 the...more

Michigan Supreme Court Broadens Schools' Immunity for 1230b Reports of Unprofessional Conduct

Under Section 1230b of the School Code (MCL §380.1230b), a school or district that formerly employed a teacher is required upon request by a prospective employer to furnish information about "unprofessional conduct" in which...more

Federal Appeals Court Decries State of Federal Civil Rights Law on Sexual Orientation Discrimination

On Thursday, the United States Court of Appeals for the Seventh Circuit re-affirmed prior court holdings that Title VII of the Civil Rights Act does not prohibit discrimination based on sexual orientation, but in so doing...more

Judge seals transcript of Title IX hearing

A federal judge in North Carolina sealed a transcript of a University of North Carolina (UNC) hearing to determine whether the plaintiff was responsible for committing sexual acts without consent. In the case in question, the...more

Anne Littlefield Quoted in Special Ed Connection Article, “Use Caution When Shortening Student’s School Day to Address Behavior”

A public charter school student with autism and an emotional disturbance is suspended frequently over the course of a school year, with 10 days of removals in total. In an effort to address his behavioral issues, which...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

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

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

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

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

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

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

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

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