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Oklahoma Government Bodies May Not Consider Race, Sex, Ethnicity Or National Origin In Employment, Contracting, Or School...

In 2003, despite the Constitutional prohibition on racial discrimination, the U.S. Supreme Court in Grutter v. Bollinger permitted the University of Michigan to consider applicants’ race to ensure a diverse student body. In...more

Are We There Yet?: Do Northwestern Players Have a Union or not?

When a Regional Director of the National Labor Relations Board (NLRB) found that scholarship football players at Northwestern University were employees entitled to vote on union representation, many media reports treated the...more

Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education

On 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...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

A More “Militant” AAUP Coming to a Campus Near You?

The Chronicle has reported in the recent past about a division of views within the AAUP as to its proper focus. In 2012, a slate of officers running under the “AAUP Organizing for Change” banner won election fairly handily...more

Supreme Court: Voters' Initiative To End Affirmative Action Is Constitutional

In a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs....more

Student-Athletes: Are They Employees?

Digging Deeper into the History of the NLRB’s Decision and Northwestern’s Appeal - This case started when the “College Athletes Players Association” (“CAPA”) was formed as a union created to represent the Northwestern...more

Supreme Court Strikes Down Affirmative Action In Public Universities Again

On April 22, 2014, in Schuette v. Coalition to Defend Affirmative Action et al. (No. 12–682), the Supreme Court upheld a Michigan law that bans public colleges and universities, community colleges and school districts from...more

Seventh Circuit Reminds Public Employers That Whistleblowing Employees Are Not Immune From All Discipline

The Seventh Circuit recently upheld the lower court’s summary judgment in favor of the Chicago Public Schools (CPS) and Schurtz High School administrators in a teacher’s action alleging violations of her First and Fourteenth...more

College Athletes and Unions: A First Strike from the NLRB

On March 26, the Chicago Region of the National Labor Relations Board (the “NLRB” or the “Board”) decided that college football players at Northwestern University not only are “employees” but also are entitled to form a labor...more

This Week’s Starting Lineup Brought to You by the NLRB

After a disappointing Saturday loss, a college quarterback returns to practice Monday to find his coach ready and willing to revisit the weekend and remind the quarterback that his starting position and scholarship are on the...more

Regulation Review Committee Ready To Consider New Paraprofessional FMLA Regulations

The Connecticut General Assembly’s Legislative Regulation Review Committee will consider the Department of Labor’s proposed paraprofessional Family Medical Leave Act, or “FMLA” regulations at its April 22, 2014 meeting....more

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....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

Capital Wrap-Up April 2014 #1

In response to the recommendations made by the Governor’s Task Force on Child Protection, six child protection bills made it to the Governor’s desk this week. Two of those bills have been signed....more

Teacher Non-Renewal – By The Numbers

One of the less-pleasant rites of spring for Connecticut’s public school districts is determining whether to non-renew the employment of their non-tenured teachers. Section 10-151 of the Connecticut General Statutes, which...more

Beware The Unpaid Intern – He/She May Be Eligible For Pay

The issue of unpaid internships is becoming a growing concern for both employers and Ministry of Labour Inspectors. Recently, the publisher of magazines Toronto Life and The Walrus announced that they were pulling the plug on...more

Alabama Legislative Update – Sine Die – The 2014 Legislative Session Ends

The Alabama Legislature adjourned sine die on Thursday, April 3, 2014 at 7:30 p.m. In previous years, sessions have ended just minutes before midnight on the 30th legislative day. This year was different. As soon as both...more

College Football Players Are Employees? Who's Next?

The NLRB’s Regional Director in Chicago issued a decision on March 26 in 13-RC-121359 finding the football players at Northwestern University are employees under the NLRA, over the objections of the University. The Regional...more

Flag On The Play: Will Unions Change the Game of College Sports?

In a historic move, members of the Northwestern University football team recently took initial steps to form a union and seek collective-bargaining rights with the university. Shortly thereafter, the team filed a petition...more

Northwestern Football Players and Academic Medical Centers: The Other Shoe Has Dropped

In a move that has surprised many, but not all, National Labor Relations Board (NLRB)-watchers and collegiate football fans, Chicago-area NLRB regional director Peter Sung Ohr has determined that Northwestern University...more

SaVE Act Imposes New Obligations for Keeping Women Safe on Campus

On March 7, 2014, a key section of the Violence Against Women Act (VAWA) went into effect, imposing new obligations on colleges and universities for the handling of sexual misconduct on campus. The Campus Sexual Violence...more

Transgender Issues Highlight Tensions Between Students' Rights To Liberty And Privacy

In the wake of controversy over school vouchers, fights over appropriate curriculum, and the endless battles to decide whether school funding is adequate, the nation’s public and private schools certainly have their share of...more

NLRB Regional Director Allows College Football Players to Vote to Unionize

On March 26, 2014, Peter Ohr, the National Labor Relations Board's (NLRB or "the Board") Regional Director for Chicago (the "RD"), held that scholarship players on Northwestern University's football team are "employees" under...more

Game On, Wildcats! Labor Board Orders Union Election For Northwestern Football Players

There has been a storm of comment and controversy since the National Labor Relations Board ruled last week that scholarship football players at Northwestern University are “employees” of the school who have the right to...more

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