A school district infringed on an assistant football coach’s rights under the Free Exercise Clause of the First Amendment when it suspended him for continuing to publicly pray after football games in violation of its policy, the U.S. Supreme Court has held. Kennedy v. Bremerton Sch. Dist., No. 21-418, 2022 U.S. LEXIS 3218 (June 27, 2022).
On June 23, 2022, the 50th anniversary of Title IX, the U.S. Department of Education released its proposed changes to Title IX regulations, which codify protections for LGBTQ+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.
Those of us who are charged with shepherding campuses though Title IX’s requirements will surely not forget May of 2020 when the U.S. Department of Education (USDOE) issued significant regulatory changes while providing institutions with only a few months to come into compliance. The 2020 regulations implemented sweeping changes that implicated Title IX jurisdiction regarding off campus conduct, the definition of “sexual harassment,” formal complaint requirements, live hearings where advisors conduct cross-examinations, and the applicable standard of evidence, among other key areas.
In conjunction with the 50th anniversary of Title IX, the U.S. Department of Education has released its proposed amendments to the regulations for Title IX of the Education Amendments of 1972 for public comment.
The 50th anniversary of Title IX provides elementary, secondary, and postsecondary institutions an opportunity to reflect on the impact of and future developments stemming from the law.
Colleges and universities throughout the country are facing a perfect financial storm as they struggle to deal with the continuing pressures of COVID-19, challenges in federal and state funding, and a diminishing pool of student applicants. For many of these schools, proactively exploring affiliation or merger options before their circumstances become unsustainable will best position them to thrive in the future. This advisory provides insight into the merger or affiliation process for institutions of higher education that may be faced with the need to explore such a transaction.
On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C. that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes.
On Monday, May 9, 2022, the NCAA Division I Council Working Group on Name, Image and Likeness released new guidance regarding third-party involvement in NIL activities.
To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary students, the U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it will solicit public recommendations from students and their advocates and hold listening sessions to determine ways to improve the current regulations to achieve the present-day needs of America’s students with disabilities.
The Department of Justice (“DOJ”) published, on March 18, 2022, new “Guidance on Web Accessibility and the ADA” (the “Guidance”). For colleges and universities, the Guidance offers some help as to how to best satisfy their obligations under the Americans with Disabilities Act (“ADA”) to provide an accessible web presence and try to avoid risk in connection with web accessibility.
The regulations implementing the CCPA require that a business verify the identity of a consumer that submits a specific-information access request to a “reasonably high degree of certainty.”
The Financial Industry Regulatory Authority (FINRA) in November 2022 released a targeted exam letter pertaining to communications for crypto products and services.
It has been a long and heated debate as to whether NFTs and certain cryptocurrencies can be deemed as securities under applicable laws and precedents.
In a prior post, we wrote about the importance of reviewing the terms governing the sale of an NFT to determine what rights, if any, are included in the sale in order to commercially exploit the asset associated with the NFT, and the confusion that emerges in interpreting such terms through the lens of copyright law.
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