Education Law

1054 ABA Journal Education Law articles.

Pandemic problems may be defense for law schools not meeting bar passage standard
Law schools now must report the number of recent graduates admitted by diploma privilege in their annual questionnaires in addition to those who took and passed a bar exam.
1st Circuit upholds Harvard’s use of race in admissions; group will seek SCOTUS review
The 1st U.S. Circuit Court of Appeals at Boston on Thursday upheld Harvard University’s use of race in undergraduate admissions.
Federal judge rules students have no right to civics education while warning of peril to democracy

A Rhode Island federal judge has ruled students in the state have no constitutional right to a civics education, even as he warned of a “deep flaw” in education priorities. Judge William Smith said they seem to recognize “American democracy is in peril.”

Suit by California law grad alleges school had ‘policy of indifference’ to rampant sexual misconduct
A University of Southern California law grad has filed a lawsuit alleging that the school’s investigation of her rape complaint against another student was a “charade” with a predetermined outcome in his favor.
Case study focused on Yale Law School professor seeks change for Title IX policies
Using the recent sexual misconduct findings against Yale Law School professor Jed Rubenfeld as an example of why Yale University’s Title IX policies should be revised, law students there recently released a case study with suggestions for change, including the use of a website to track and pair anonymous complaints, and providing pro bono representation for accusers and respondents.
DOJ suit accuses Yale of discriminating against Asian and white applicants
The U.S. Department of Justice has filed a lawsuit accusing Yale University of racially discriminating against many Asian and white applicants by considering race at multiple stages of its admissions process and racially balancing its classes.
ABA will advocate to end unreasonable restraints, seclusion and searches of children

Leslie Margolis once represented a 7-year-old child in foster care who had been restrained more than 147 times by his school’s staff. Margolis shared the story with the House of Delegates at the ABA Annual Meeting as it considered a trio of resolutions related to the well-being and rights of children and youth.

A top SCOTUS contender, Amy Coney Barrett is likely to draw scrutiny for decisions on abortion, campus sex assault
Considered one of the top contenders for a U.S. Supreme Court nomination, U.S. Circuit Judge Amy Coney Barrett is known as a conservative who shows a strong deference to religious values.
Afternoon Briefs: 4th Circuit rules for transgender youth; tribe objects to execution

4th Circuit rules for transgender youth on bathroom policy

The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, has ruled for former high school student Gavin Grimm, a…

Harvard law prof claims reporter sexually harassed him, twisted facts in ‘gullible man’ story
Bruce Hay, a professor at Harvard Law School, has filed a lawsuit alleging that he was sexually harassed by a New York Magazine reporter who gained his confidence, manipulated him and portrayed him as a gullible victim in the article that she wrote.
Afternoon Briefs: Lawyer denies ‘monstrous’ harassment; US appeals judge dies from COVID-19

Kentucky lawyer says sexual acts were consensual

A Kentucky lawyer accused of “monstrous and inhuman” sexual misbehavior says two former employees who sued him for harassment consented to “touching…

Well-meaning social reforms created ‘Prison by Any Other Name,’ authors say

In Prison by Any Other Name: The Harmful Consequences of Popular Reforms, authors Maya Schenwar and Victoria Law outline the way that well-meaning movements ended up funneling people into environments where they faced even more punitive measures.

In apparent first, teachers union sues Florida governor to stop schools from reopening during COVID-19 crisis
A teachers union sued Florida Gov. Ron DeSantis and the state education commissioner on Monday in a bid to block the reopening of schools.
US drops plan to revoke visas of foreign students taking all online classes after Harvard and MIT sue
The Trump administration has dropped plans to revoke visas of foreign college students who are taking all online courses this fall, a federal judge announced on Tuesday.
SCOTUS will consider free speech damages in case of evangelizing college student
The U.S. Supreme Court agreed on Thursday to decide whether an evangelizing college student may receive nominal damages from a state college for an alleged free speech violation that happened under a policy that has since been discarded.

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