On October 31, 2022, the U.S. Supreme Court heard oral arguments in two cases: Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard. The Court’s resulting decision now stands to determine the fate of race-conscious admissions in higher education.
Brief Factual Background
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Across the country, cities have been considering legislation that would allow all residents over age 18 to vote in local school board elections, regardless of citizenship status. Supporters of this movement argue that because noncitizens pay local taxes, volunteer at schools, and participate in school board meetings, they should be able to have a
The Ninth Circuit Court of Appeals recently ruled in Garnier v. O’Connor-Ratcliffe that public officials violated their constituents’ First Amendment rights by blocking them from the public officials’ social media accounts that were used for official duties.
School District Trustees Block Two Parents on Social Media
In Garnier, Michelle O’Connor-Ratcliff and T.J. Zane,
A recent case has made clear that a government agency’s ceasing doing business with a company based on the viewpoints of the company’s owners can lead to First Amendment liability for the agency. Earlier this year, in Riley’s American Heritage Farms v. Elsasser, the United States Court of Appeals for the Ninth Circuit (the
On Thursday, June 23, 2022, the U.S. Department of Education released proposed changes to the Title IX regulations. The release of the amendments marks the 50th anniversary of Title IX, the federal law protecting individuals against sex discrimination in education programs and activities supported by federal funding. The proposed regulations will be open for public
The term “hostile work environment” is used – or rather, misused – so often, that its meaning has become somewhat obscured. In an office full of fans of the local sports team, the sole fan of its archrival may say that being singled out as such creates a “hostile work environment.” Or, in a workplace
This article was authored by Brian P. Walter and Lars T. Reed.
Today, September 24, 2019, the U.S. Department of Labor (“DOL”) announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to FLSA overtime requirements. The final rule will become effective on January 1, 2020. It
This blog post was authored by Stephanie Lowe and Alysha Stein-Manes
On Tuesday, June 30, 2015, Governor Brown signed into law a bill designed to require that California schoolchildren are fully vaccinated, regardless of their parents’ personal or religious beliefs. The bill applies to children enrolled in public or private day care, public school districts,
This blog post was authored by Steven Tang.
The U.S. Supreme Court has decided that state voters may choose to prohibit the consideration of race in governmental decisions, in particular with respect to public school admissions. The decision came on April 22, 2014, in Schuette v. Coalition to Defend Affirmative Action (2014) 572 U.S.
The U.S. Supreme Court’s docket is light on First Amendment cases this term. Nonetheless, the year 2013 may well bring important developments in a number of areas of free speech law in employment and education. The following are six primary areas worth watching in the coming year.
1. Is a College or University Campus a