ABA Journal

Education Law

1193 ABA Journal Education Law articles.

Chemerinsky: When can state governments sue the United States?

A recurring issue before the Supreme Court this term, including in two cases to be argued in the next month, concerns when state governments have standing to sue the United States. Over the last decade, there has been an explosion of such suits.

Meet Fani Willis, the Georgia prosecutor investigating Trump and his allies

The Georgia prosecutor who will make the decision on whether to seek charges against former President Donald Trump or his allies is 51-year-old Fulton County District Attorney Fani T. Willis, a former homicide prosecutor who now has a penchant for using the state’s broad racketeering law.

Chemerinsky: Expect another wave of significant rulings as the Supreme Court returns

Sometimes an especially momentous U.S. Supreme Court term is followed by a quieter year with fewer blockbuster decisions. But that is not what we should expect when the court hands down its rulings for this term in spring 2023. Once more, the court’s docket is filled with cases of great legal and social importance that will profoundly affect the lives of many people.

11th Circuit upholds school’s ban on transgender students using bathrooms corresponding with gender identity

In a decision that creates a circuit split, a federal appeals court has upheld a Florida school district’s policy that bans transgender students from using bathrooms that correspond with their gender identity.

Berkeley Law dean thinks school is on ‘strong legal ground’ after student groups ban Zionist speakers

Erwin Chemerinsky, the dean of the University of California at Berkeley School of Law, said he will cooperate in an investigation spurred by a ban on Zionist speakers by several student groups.

Athletes who challenged transgender-inclusive sports policy are still champions and lack standing, 2nd Circuit rules

Standing issues and a lack of notice have doomed a challenge to a transgender-inclusive sports policy. The 2nd U.S. Circuit Court of Appeals at New York ruled Friday against four cisgender athletes in Connecticut who alleged that the policy deprived them of a fair shot at statewide track titles in high school.

Law school is investigated for Judge Judy’s female-only scholarship program

New York Law School is under investigation by the U.S. Department of Education’s Office for Civil Rights for a scholarship program for women funded by Judge Judy Sheindlin, according to a report.

Supreme Court will consider challenge to Biden’s student-debt relief program, puts case on fast track

The U.S. Supreme Court has agreed to decide a challenge to the Biden administration’s student-debt relief program in a lawsuit filed by six states.

Biden administration extends pause on federal student-loan payments as SCOTUS review is sought

The Biden administration on Tuesday extended the pause on federal student-loan payments, interest and collections to allow time for the courts to resolve litigation over plans to forgive some loans.

Federal judge blocks Florida’s ban on ‘woke’ instruction by public universities

A federal judge in Florida has barred Florida education officials from enforcing provisions in a law that ban advancement of critical race theory by professors at public colleges and universities.

Weekly Briefs: Biden can’t grant student-debt relief, judge says; $32.3M malpractice award left in place

Judge strikes down student-debt relief

U.S. District Judge Mark Pittman of Fort Worth, Texas, ruled Thursday that the Biden administration’s plan to forgive some federal student-loan debt was an unconstitutional…

Harvard flubbed insurance deadline, cannot access $15M policy, judge rules

Harvard University will not be able to tap into a $15 million insurance policy to cover legal expenses after failing to alert its insurer in a timely manner of the lawsuit over its race-conscious admissions program, a federal judge in Boston ruled Wednesday.

Chemerinsky: Stakes are high as Supreme Court considers affirmative action cases

The future of affirmative action in the United States rests on two cases heard by the U.S Supreme Court Monday: Students for Fair Admissions v. University of North Carolina and Students for Fair Admission v. Harvard College. Both liberals and conservatives expect the court to overrule precedent and end affirmative action by colleges and universities. This will have a dramatic effect on both public and private schools, and how the court does this could have enormous implications for many areas of law.

Supreme Court majority seems ready to restrict consideration of race in college admissions

The U.S. Supreme Court appeared ready to restrict the use of race as a factor in college admissions during oral arguments Monday.

Biden administration announces PSLF plans, and ABA suggests extension of student-loan payment pause

Credit for the Public Service Loan Forgiveness program will be extended to all with qualifying jobs and government school loans, regardless of whether they made late payments, paid in installments or in lump sums, the U.S. Department of Education announced Tuesday.

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