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Education Finance & Banking Constitutional Law

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Middle District of Pennsylvania Ignores Key Constitutional Questions in Navient Case

by Ballard Spahr LLP on

As we’ve discussed before, the CFPB sued Navient over its student loan servicing practices in the Middle District of Pennsylvania. In doing so, the CFPB followed its strategy of announcing new legal standards by enforcement...more

Tax-Exempt Financing of Churches, Parochial Schools and Other Sectarian Institutions After Trinity Lutheran Church: Permitted? ...

The U.S. Supreme Court’s June 26 opinion in Trinity Lutheran Church of Columbia, Inc. v. Comer, precluding states from discriminating against churches in at least some state financing programs, raises anew the question of...more

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Landmark Tax Credit Scholarship Program Upheld by Alabama Supreme Court

On March 2 in an 8-1 decision, the Alabama Supreme Court upheld the constitutionality of the Alabama Accountability Act of 2013 (the “Act”) in Magee et al. v. Boyd et al. The massive 222-page opinion affirmed in part, but...more

CFPB’s Claims under CFPA Survive Legal Challenges, but TILA Claim Is Time-Barred

by Ballard Spahr LLP on

In a civil action brought by the Consumer Financial Protection Bureau involving student loans, an Indiana federal court recently granted in part and denied in part a motion to dismiss by ITT Educational Services, Inc. The...more

Update on Illinois AG lawsuit using Dodd-Frank authority

by Ballard Spahr LLP on

As we previously reported, among the lawsuits that have been brought by a state attorney general and a state regulator using their Dodd-Frank enforcement authority is a lawsuit initially filed by the Illinois AG in state...more

Municipal Bond Market Absorbs Puerto Rico Supreme Court’s Decision that Teacher Pension Reform Legislation is Unconstitutional...

The 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...more

Higher Education Highlights - Summer 2013

Contents: - Clery Act Amendments May Impact Title IX Best Practices - Student Speech and Liability in MOOCs – a Brave New World - Assistance and Emotional Support Animals Are Just the Tip of the...more

The Buck Stops There: Colorado Supreme Court Rules That Education Reform Depends On General Assembly

by Polsinelli on

On Tuesday, May 28, the Colorado Supreme Court held in State v. Lobato that the state's public school financing scheme meets the Colorado constitution's requirement for a "thorough and uniform" funding system, thus reversing...more

Weekly Brief: DOJ Memo Details Justification For Killing US Citizens

by Bloomberg Law on

Feb. 7 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. A confidential memo leaked from the Department of Justice details the legal rationale for the extrajudicial killing of American...more

Illinois Supreme Court Upholds Bill Funding $3 Billion for School Construction Projects

by Franczek Radelet P.C. on

The Illinois Supreme Court recently upheld the constitutionality of legislation involving a $3 billion state construction program funded in part by the legalization of video poker, which would be permitted in bars and...more

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