Administrative Law

How widespread is issue of misreporting admissions data to US News?

Five prominent colleges and universities have disclosed during the past year or so that they misreported admissions data to U.S. News and World Report for its college rankings or, in one institution’s case, the magazine’s business school rankings. In some instances, the misreporting was admittedly intentional. And although an editor…

Feb 6, 2013 6:35 PM CST

When can workers be fired for Facebook posts and tweets?

Amy McClenathan apparently was having a bad day when she posted on Facebook, around the one-year anniversary of her mom’s death, that some days she wished she would be fired so she could just stay at home. The next day she got her wish; the title company for which she…

Jan 29, 2013 5:09 PM CST

Got a 25-cent gambling dispute? A hearing officer stands ready to resolve it

What happens when a gambler thinks he’s won a jackpot and a Nevada casino sees the situation differently? The state Gaming Control Board is one option for resolving the dispute administratively, reports the Las Vegas Sun on its VegasInc blog. For those who aren’t happy with the result, it’s also…

Jan 18, 2013 8:29 PM CST

City worker says she was fired because hubby is a biker, seeks reinstatement

A lawyer for an employee for the city of Kingman, Ariz., says she was fired in violation of her constitutional right to freedom of association because her husband is a member of a biker club. Melissa Summerson is now seeking reinstatement through an administrative hearing process, with the help of…

Jan 14, 2013 5:40 PM CST

University to Pay $50K to Settle Claim Student Meals Without Food-Allergy Options Violated ADA

There’s no word on whether some Lesley University students with food allergies might be headed to law school. But they’ve clearly demonstrated an aptitude for for legal issues by spearheading an unusual civil rights case pursued as an administrative complaint by the U.S. Department of Justice. It resulted in a…

Jan 10, 2013 10:11 PM CST

At First Awarded for Natural Garden, Then Ticketed and Fined $640, Chicago Woman Plans Appeal

A Chicago woman who received an award from the city for an eco-friendly front garden featuring native plants, followed by a municipal citation for allowing “weeds” to grow above 10 inches, has decided to appeal the $640 fine she received at a Nov. 29 administrative hearing. Initially, Kathy Cummings hesitated…

Jan 8, 2013 4:42 PM CST

School District Reverses Suspension of Student, 6, Who Pointed Finger and Said ‘Pow’

The parents of a Washington, D.C., area first-grader who was suspended for a day by his elementary school for reportedly pointing his finger as if it was a gun and saying “pow” have won a swift resolution of an administrative appeal. Attorney Robin Ficker, who represents the unidentified family, tells…

Jan 4, 2013 10:39 PM CST

DC Circuit OKs Surviving-Spouse Suit re HUD Reverse-Mortgage Rules Said to Promote Foreclosure

A lawsuit contending that federal regulations contravene legislative intent by encouraging the foreclosure of reverse mortgages against borrowers’ surviving spouses has been given a green light by a federal appeals court in Washington, D.C. Reversing a lower court’s dismissal, the U.S. Court of Appeals for the D.C. Circuit ruled Friday…

Jan 4, 2013 6:50 PM CST

Transocean to Pay $1.4B to Resolve DOJ Criminal Probe, Other Federal Claims re Gulf Oil Spill

The company that owned the Deepwater Horizon drilling rig and safety equipment involved in the massive Gulf of Mexico oil spill nearly three years ago has agreed to pay $1.4 billion to settle federal claims over the fatal environmental disaster. Transocean Ltd. will plead guilty to violating the Clean Water…

Jan 3, 2013 10:52 PM CST

Awarded by City of Chicago for Natural Garden, Resident Is Also Cited by City for Weeds, Fined $640

Kathy Cummings went to considerable trouble to create a lovely natural garden in the front yard of her Chicago home, as the city recognized in 2004 when then-Mayor Richard Daley awarded her a first-prize plaque in a citywide naturalized landscapes contest. However, a city code inspector didn’t see the yard…

Jan 2, 2013 10:58 PM CST

Family of Deceased Elderly Couple Dispute Guardian Lawyers over Tens of Thousands in Bills

Corrected: The battle between a court-appointed law firm and the family of an elderly couple that was in its care over legal fees is raising questions of the treatment of aging Americans by paid guardians and the lack of state processes to protect them. A judge appointed Virginia-based law firm…

Dec 4, 2012 11:00 PM CST

The Mud Is Flung Despite State Laws Barring Political Lies; Does First Amendment Offer Protection?

In Ohio, making a false or misleading statement in a political campaign is a misdemeanor that could bring a sentence of up to six months in jail. The Cleveland Plain Dealer checked to see how many alleged violations led to prosecutions in the last decade. The answer: None. Prosecutions can’t…

Oct 31, 2012 10:30 AM CDT

Federal Judiciary Faces ‘Fiscal Cliff’ if Budget Act Is Not Adjusted, Says Editorial

If the 2011 Budget Control Act goes forward, the federal judiciary faces an 8.2 percent cost reduction that would send it “over the fiscal cliff,” the American Judicature Society says in an editorial. Funding concerns, according to the nonprofit’s publication Judicature, have already caused the federal court to reduce staff…

Oct 25, 2012 4:25 PM CDT

Consumer Bureau Considers Lawsuit Protection for Lenders in Some Foreclosure Suits

The new Consumer Financial Protection Bureau is considering rules that would give lenders protection from some lawsuits contesting foreclosures. The safe harbor rule would apply when lenders make certain high-quality loans, the Wall Street Journal (sub. req.) reports. Loans qualifying for protection may be those in which the borrower’s total…

Oct 16, 2012 11:35 AM CDT

Florida Officials Ban ‘Gator Parties’ That Put Kids in Swimming Pool with Wild Reptiles

Their jaws are taped shut and they are less than 4 feet long. But nonetheless they are alligators, with sharp teeth and tails that can do a lot of damage if they start whipping them around. So officials at the Florida Fish and Wildlife Conservation Commission have put the kibosh…

Oct 5, 2012 5:00 PM CDT