Education Constitutional Law Personal Injury

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.
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Hidden Risks? What Liability Can Private Colleges and Universities Have for Their Student Newspapers and Publications?

It is well-settled that public institutions are generally not liable for statements made by their student publications because the First Amendment prohibits them from exercising control over such publications. See, e.g.,...more

When The Teacher Is The School Bully

Anti-bullying laws may now have a significant impact on what is considered to be “emotional abuse” in schools. Recently, the Connecticut Supreme Court concluded that a teacher’s bullying behavior toward a student met the...more

Social Media Freedom of Expression Cases Pit the Public Against Public Officials

In perhaps the next battleground for government and education, citizens who comment on social media sites are facing off with local government officials public and school administrators who find their online expression...more

Seventh Circuit Dismisses Lawsuit Against Guidance Counselor For Defamation

The Seventh Circuit Court of Appeals, which is the highest federal court with jurisdiction over Illinois, Indiana, and Wisconsin, recently rejected a claim by a parent that a school guidance counselor’s statement to his...more

Court Finds Board Of Education And District Employees Immune From Liability For Claims Related To District’s Response To Bullying

The Illinois Appellate Court recently held that a superintendent, principal, and board of education were immune from liability for a parent’s claims regarding the alleged bullying of her daughter. In Hascall v. Williams,...more

Guns On Campus: Navigating The Legal Maze

For seven days in March 2012, a jury pored through a moment-by-moment timeline of the events that took place at Virginia Tech University on April 16, 2007. Before a mentally unstable student went on a rampage that eventually...more

Why Would I Sue the Government?

Certain situations exist where you can file some kind of legal action against the government, either administrative or a lawsuit. Examples are special education due process hearings and Section 1983 claims for violation of...more

Constitutional exceptions in religous employment

Religious entities and communities of faith and their insurance carriers can take heart in pursuing defense judgments after the U.S. Supreme Court acted swiftly and unanimously in Hosanna-Tabor Evangelical Lutheran Church and...more

School District May Have Special Relationship with Their Students Requiring Protection of Students' Personal Security

In Doe v. Covington County School District, the Fifth Circuit Court of Appeals considered the circumstances in which a school district is required to protect students’ personal security based on a special relationship with...more

Stuart v. TUSD

Appeal from Denial of SLAPP

Appeal from denial of SLAPP motion. Court of Appeal opinion....more

Haberern v. Castonguay

Plaintiff's Surreply Memorandum of Law in Opposition to Motion for Summary Judgment

The memorandum of law addresses the whether a Board of Education is whether C.G.S. 52-557n abrogates a school board's immunity from liability for negligence; whether the determination that an act is ministerial is a question...more

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