By Marianna Wharry | September 26, 2023
"Today's opinion is a victory for Mackenzie and for student survivors across the country," said Alexandra Brodsky, a staff attorney at Public Justice in Washington D.C., who argued the case before the en banc court. "Gender violence has grave effects on students' access to education. For that reason, the civil rights law Title IX requires schools to address known abuse. And as the Ninth Circuit explained today, a school's power to stop violence—and its responsibility to do so—doesn't stop at the campus boundary."
5 minute read
By Ashling A. Ehrhardt, Sydney Smith Forquer and Allison Wisniewski | September 25, 2023
The informal resolution process is a powerful tool that gives parties a say in the outcome. It is student-centered and trauma-informed and saves expenses, time and resources, reducing stress for those involved.
10 minute read
By Michael Kenny | September 20, 2023
By striking down affirmative action, the court has provided an opening for certain groups to challenge both public and private diversity, equity and inclusion programs and initiatives (Perkins Coie and Morrison Foerster are defendants in such lawsuits).
4 minute read
By Law Journal Editorial Board | September 17, 2023
We do not know the best solution for the public school children in Lakewood and like-situated districts. That is what the Appellate panel directed the commissioner to address, and she ought to get on with it.
3 minute read
By Allison Dunn | September 13, 2023
"[A]s appellees have now conceded, there is no qualitative difference between online instruction and in-person instruction. They are the same, we charge the same, it's the same instruction," argued OSU's counsel, John R. Gall, a senior partner at Squire Patton Boggs in Columbus.
6 minute read
By Colleen Murphy | September 12, 2023
"'Because of' and 'on account of' both incorporate the traditional standard of but-for causation. Under that standard, one event can have multiple but-for causes," Justice Rachel Wainer Apter wrote for the court.
5 minute read
By Colleen Murphy | September 12, 2023
"The DOE is obviously going to want to shore things up if they head in a direction where they know, inevitably, there is going to be litigation," Patricia Hamill, co-chair of the Clark Hill's Title IX and campus discipline practice, said.
6 minute read
By Everett Catts | September 5, 2023
"It was the right decision based upon the law, based on the rule that was charged, based upon constitutional considerations which are present when a governmental agency like a board of education acts against an individual such as a student," said Andrew Lampros, the student's attorney.
7 minute read
By Amanda O'Brien | August 31, 2023
"It's important for us to take a wait-and-see approach and prepare for what the outcome may be," Ballard Spahr chief DEI officer Virginia Essandoh said of lawsuits pending against Perkins Coie and Morrison & Foerster over their own DEI initiatives.
5 minute read
By Colleen Murphy | August 31, 2023
"New Jersey is proud of the many options our state offers individuals seeking an affordable, high-quality postsecondary education and must work to ensure these institutions can continue to provide the first-rate education students deserve," said Gov. Phil Murphy. "The appointment of Henry Amoroso, a highly respected turnaround specialist, will help us safeguard our promise to New Jersey students and protect the public interest by promoting financial stability and accountability at New Jersey City University."
4 minute read
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