News & Analysis as of September 19, 2024

Supreme Court of the United States › Universities

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Title IX's Final Rule Enforceability Still in Flux

Venable LLP on 9/13/2024

Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims

DRI on 8/26/2024

Protest and political activism are deeply ingrained in American culture, boasting a storied history of citizens mobilizing to advocate for change and to challenge injustices. From the Boston Tea Party during the colonial era...more

Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/12/2024

On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more

The Academic Advisor - Education Law Insights, Issue 7, July 2024

Spilman Thomas & Battle, PLLC on 7/30/2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights. In this final summer edition, we look ahead to the new academic year and cover the following...more

Breaking News: Supreme Court Title IX Update

Bricker Graydon LLP on 7/25/2024

On July 22, 2024, the Solicitor General, Elizabeth B. Prelogar, submitted applications to the United States Supreme Court seeking partial stays on injunctions from the Western District of Louisiana and the Eastern District of...more

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

Robinson & Cole LLP on 7/25/2024

Introduction - In the past three years, groundbreaking legal and structural changes have shaken collegiate sports. In June 2021, a unanimous Supreme Court held in NCAA v. Alston, 594 U.S. 69 (2021), that the NCAA and some...more

New Title IX Regulations Halted in Additional States and at Hundreds of Institutions as Department of Education Continues to...

Bass, Berry & Sims PLC on 7/22/2024

With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

Seyfarth Shaw LLP on 7/17/2024

On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Client Alert: The Supreme Court Declines to Weigh in on Dispute over Campus Speech Policies

Jenner & Block on 3/8/2024

On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in a case challenging Virginia Tech’s bias intervention and response team policy, instructing the court to dismiss the case as moot. ...more

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

Foley Hoag LLP - White Collar Law &... on 2/29/2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Client Alert: The Supreme Court Denies Certiorari in Coalition for TJ v. Fairfax County School Board: What This Means for Colleges...

Jenner & Block on 2/27/2024

On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and...more

Department of Education Cancels $5B More in Unpaid Student Loans

Troutman Pepper on 2/7/2024

The U.S. Department of Education (ED) recently announced the approval of an additional $4.9 billion in student loan forgiveness for 73,000 individuals. The relief was provided through several modifications to the...more

Supreme Court Allows West Point to Continue to Use Race in Admissions (For Now)

Bowditch & Dewey on 2/6/2024

On June 29, 2023, admissions policies and practices of many higher ed institutions were forced to pivot when the U.S. Supreme Court ruled that using race to make admissions decisions violated the Equal Protection Clause of...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

The Attack on DEI: Safeguarding Corporate DEI Initiatives Post-Supreme Court’s Affirmative Action Decision

DRI on 11/13/2023

The United States Supreme Court’s recent decision to strike down affirmative action admissions policies in higher education certainly caused a whirlwind reaction from the legal community. On June 29, 2023, the Supreme Court...more

Supreme Court Hears Challenge to Agency Tasked With Helping Students Make Informed Decisions About Paying for College

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/26/2023

The Consumer Financial Protection Bureau (CFPB), a government agency that protects consumers in the financial sector, is potentially at risk following oral argument on October 3, 2023, before the Supreme Court of the United...more

Supreme Court Rejects Challenge to OPT Program for Foreign Students

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2023

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The...more

6 Steps for Private and Independent Schools in the Wake of the SCOTUS Affirmative Action Ruling

Fisher Phillips on 9/20/2023

Seeing the barrage of lawsuits following the United States Supreme Court’s recent decision regarding the use of race in admissions in higher education has left many in K-12 independent and private schools scratching their...more

Client Alert: Senator J.D. Vance Calls for FTC and DOJ to Investigate Admissions Practices of Universities in the Wake of SFFA

Jenner & Block on 9/5/2023

On August 10, 2023, Sen. J.D. Vance, R-Ohio, called for the Federal Trade Commission and the U.S. Department of Justice to investigate top universities for allegedly coordinating their admissions policies following the U.S....more

Biden Administration Provides Guidance for Admissions Policies in the Wake of Students for Fair Admissions v. Harvard

Bowditch & Dewey on 8/31/2023

On June 29, the U.S. Supreme Court issued the decision in Students for Fair Admissions vs. President and Fellows of Harvard College, which ruled that an applicant’s race, by itself, cannot be considered as part of who should...more

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

Fisher Phillips on 8/25/2023

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

Biden Administration Provides Guidance to Colleges and Universities Following SFFA

Patterson Belknap Webb & Tyler LLP on 8/24/2023

On August 14, 2023, the Biden Administration's Civil Rights Division of the U.S. Department of Justice ("DOJ") and the Office for Civil Rights of the U.S. Department of Education ("DOE") jointly issued two pieces of guidance...more

[Webinar] Post-Students for Fair Admissions Era: Analysis of the Current Climate & Federal Guidance (Higher Education) - August...

Bricker Graydon LLP on 8/17/2023

In 1978, the Supreme Court of the United States established the constitutionality of affirmative action programs in higher education institutions. Since then, colleges and universities across the country have found themselves...more

Client Alert: Biden Administration Releases Anticipated Guidance on College Admissions After Supreme Court’s Decision in Students...

Jenner & Block on 8/16/2023

On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more

Affirmative Action Overturned

Bressler, Amery & Ross, P.C. on 8/10/2023

On June 29, 2023, the United States Supreme Court considered whether race conscious admission decisions by Harvard and the University of North Carolina were lawful under the Equal Protection Clause of the Fourteenth...more

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Supreme Court of the United States › Universities

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