In That Case: Department of State v. Muñoz
False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
Law School Toolbox Podcast Episode 334: Listen and Learn -- Standards of Review (Con Law)
Bar Exam Toolbox Podcast Episode 160: Listen and Learn -- Standards of Review (Con Law)
Law School Toolbox Podcast Episode 295: Listen and Learn -- Due Process and Equal Protection (Con Law)
Bar Exam Toolbox Podcast Episode 117: Listen and Learn -- Due Process and Equal Protection (Con Law)
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Webinar: Investigating and Resolving Sexual Assaults on Campus
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more
As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more
This year, the Fourth Circuit dealt with two Title IX cases involving allegations of due process violations. In these cases, the Court assumed, but did not decide, that university students have a constitutionally protected...more
In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...more
Last week, we began discussing Radwan v. Manuel, a case recently decided by the U.S. Circuit Court for the Second Circuit regarding discipline faced by a soccer player at the University of Connecticut, a public institution....more
The United States Court of Appeals for the Second Circuit has published a significant ruling addressing college student athletes’ First Amendment, procedural due process, and Title IX rights. The case, Radwan v. Manuel,...more
Like many higher education institutions, Indiana University will require all students, faculty, and staff to get a COVID-19 vaccine before returning to campus this fall, subject to certain exemptions. Eight students who...more
Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more
[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more
This 24th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a flurry of activity around government restrictions on mass gatherings and business operations -- including a significant ruling from...more
Key Takeaways - - The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more
This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more
Key Takeaways: The Sixth Circuit’s Doe v. Oberlin College decision confirms that in college and university disciplinary cases, fair processes are not optional; they apply to everyone alike—whether the accused or the...more
On March 11, the U.S. Court of Appeals for the Sixth Circuit issued a decision highlighting the difficult situation institutions of higher education face in sexual misconduct matters when balancing a complainant’s interest in...more
In a case that serves as a healthy reminder of the importance of drafting and abiding by clear disciplinary policies, an Illinois Appellate Court recently held that a College did not violate a student’s due process rights...more
The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX...more
A recent class-action lawsuit filed in Michigan, which seeks to overturn scores of Title IX decisions at Michigan State University, is the first of its kind. The case relies on a 2018 federal court ruling in Michigan that...more
• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination. • The newly...more
In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the...more
Buried on the third and fourth pages of The Wall Street Journal and my local newspaper recently, I found two interesting business stories. These stories followed much more prominent stories. In the first, the WSJ reported...more
• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the...more
Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more