JonathanTurley

MAY 31, 2021

Some have called for the change to increase diversity in the schools, particularly after California voters refused to change the long ban on affirmative action in education under state law. Here is the column: The Supreme Court will decide early next month whether to take a new case on the use of race in college admissions.

Education 60

Education Litigating Litigation Court 60

Constitutional Law Reporter

DECEMBER 6, 2023

Supreme Court heard oral arguments in three cases this week, with the Second Amendment taking center stage. In the wake of the country’s most recent mass shooting, the justices considered a case that could overturn a federal gun law. McDonough : The case centers on eligibility for veterans’ education benefits under two federal law.

Court 52

Court Education Constitutional Law Statute 52

Constitutional Law Reporter

APRIL 18, 2023

Supreme Court held that a deaf student seeking compensatory damages under the Americans with Disabilities Act (ADA) for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

Compensatory Damages 59

Compensatory Damages Education Statute Court 59

Constitutional Law Reporter

OCTOBER 4, 2022

Supreme Court begins its new term next month, the justices will hear two potential landmark cases involving affirmative action. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Issues Before the Supreme Court. The issues before the Court in Students for Fair Admissions v.

Court 52

Court Education Constitutional Law Laws 52

SCOTUSBlog

APRIL 8, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities.

Court 122

Court Constitutional Law Statute Government 122

JonathanTurley

JULY 1, 2021

In the final decision of the Supreme Court before its summer break, Chief Justice John Roberts delivered a major ruling striking down the California law requiring the disclosure of donors for charities. The law attacked so-called “dark money” but the Court ruled that the state was curtailing free speech in a 6-3 decision.

Laws 58

Laws Court Education Court Rules 58

Constitutional Law Reporter

JULY 14, 2021

Supreme Court held in Mahanoy Area School Dist. While the Court confirmed that schools may regulate some off campus speech, it emphasized that courts should be more skeptical. While the Court confirmed that schools may regulate some off campus speech, it emphasized that courts should be more skeptical.

Court 59

Court Constitutional Law Education Laws 59

JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Suddaby issued a temporary restraining order against a substantial part of the law, including barring the provisions previously discussed as presumptively unconstitutional. Instead, Gov.

Court Rules 57

Court Rules Laws Court Education 57

JonathanTurley

MARCH 12, 2025

District Court Judge Larry Hicks dismissed the case in 2023. Now the Ninth Circuit has reversed Judge Hicks and found that Jensen is entitled to his day in court. The Court has held that, when a public employer retaliates against an employee for workplace-related speech, the First Amendment requires balanc[ing]. Pickering v.

Education 33

Education Court Attorney Constitutional Law 33

SCOTUSBlog

FEBRUARY 4, 2022

He is the author of six books about the law, including American Justice 2016: The Political Supreme Court and The Tenth Justice: The Solicitor General and the Rule of Law. Professors at the event reflected on opinions about administrative law, free speech, patents, and other topics. Seattle School District No.

Law School 106

Law School Court Education Laws 106

JonathanTurley

JULY 8, 2023

The United States Court of Appeals for the Fourth Circuit has delivered a body blow to free speech as well as academic freedom in a ruling against a statistics professor at North Carolina State University. It is not just chilling, it is glacial in its implications for higher education. Board of Education. McPherson , 483 U.S.

Education 59

Education Law School Court Laws 59

Constitutional Law Reporter

SEPTEMBER 25, 2023

Supreme Court struck down the college admissions programs of Harvard University and the University of North Carolina. The Court held that the raced-based policies violated the Constitution’s Equal Protection Clause. In both cases, the lower courts upheld the admissions policies, and Students for Fair Admissions appealed.

Court 52

Court Constitutional Law Education Court Decisions 52

JonathanTurley

APRIL 15, 2022

Notably, this week, the board defended its policy before the Supreme Court by insisting that it was not “race balancing” and that the new policy is entirely “race neutral.” The TJ case is important not just to constitutional but educational standards in America.

Education 48

Education Court Technology Litigation 48

JonathanTurley

OCTOBER 31, 2022

Here is the column: Forty-four years ago, the Supreme Court was the center of a raging protest by thousands as the justices took up the case of Regents of the University of California v. As a teenage congressional page, I was one of the faces in that crowd gathered around the court in October 1977 to watch history being made.

Court 51

Court Construction Education Court Rules 51

Constitutional Law Reporter

JANUARY 30, 2023

Supreme Court has failed to discover who leaked a draft of the Court’s opinion in Dobbs v. According to the Court’s investigatory report, the Court “has to date been unable to identify a person responsible by a preponderance of the evidence.” Below is a brief summary of the issues before the Court: Perez v.

Drafting 52

Drafting Immigration Work From Home Court 52

JonathanTurley

OCTOBER 24, 2021

Many observers are waiting for the United States Supreme Court to decide whether to delve again into college admissions with a pending case out of Harvard University in which Asian and white students claim discrimination. ” The case will now go to the United States Court of Appeals for the Fourth Circuit. .”

Court Rules 39

Court Rules Court Education Constitutional Law 39

JonathanTurley

MARCH 24, 2022

The court included the picture in its opinion: When Schmidt sent around a demand for the person responsible to step forward, Hiers publicly accepted responsibility. Accepting the allegations as true, the Court concludes that Hiers plausibly alleged that the university officials violated his right to freedom of speech.”

Court Rules 51

Court Rules Court Contract Education 51

JonathanTurley

NOVEMBER 15, 2021

Any first-year law student knows that you cannot comment on the silence of a Mirandized defendant after an arrest under the Fifth Amendment – let alone ignore a court order. The judge correctly tore into the prosecutor. Biased media viewers. Even without the unforced errors by the prosecution, this was always a difficult case.

Court 59

Court Misdemeanor Legal Legal 59

Constitutional Law Reporter

JANUARY 10, 2022

The First Circuit Court of Appeals affirmed the order of the district court granting summary judgment in favor of the City. Issues Before the Supreme Court. The Supreme Court granted certiorari on September 30, 2021.The 1744 (2017), and Circuit Court precedents in New Hope Family Servs., 2018), Eagle Point Educ.

Government 59

Government Constitutional Law Education Court 59

JonathanTurley

MARCH 19, 2024

After triggering a court fight, Grisham backed down and scaled down her order to ban concealed weapons in parks and playgrounds. Now, the United States Court of Appeals for the Tenth Circuit has rejected her bid to lift that injunction in a key decision on appeal. She is still doubling down and increasing the losses in the courts.

Education 60

Education Entertainment Sports Court 60

JonathanTurley

SEPTEMBER 9, 2021

There is an interesting ruling this week out of New York where a federal court has ruled in favor of a conservative student group alleging that the State University of New York at Binghamton has engaged in a pattern of censorship of conservative speakers and events. We previously discussed the controversy. I disagree. Coughlin , 58 F.3d

Court Rules 52

Court Rules Court Laws Government 52

JonathanTurley

NOVEMBER 18, 2022

Professor Stern went public with his view that the university was using the College of Liberal Arts’ Public Administration major to offer athletes an easy education, particularly as part of the school’s famed football program. Stern’s emails were quoted in Wall Street Journal and Chronicle of Higher Education articles.

Punitive Damages 52

Punitive Damages Compensatory Damages Education Sports 52

JonathanTurley

MAY 28, 2021

We recently discussed the controversy at Rutgers Law School over the reading of the “n-word” from a state supreme court opinion. The Foundation for Individual Rights in Education (FIRE) has sent a letter to Rutgers University President Jonathan Holloway raising the obvious free speech concerns. 16-1466, 585 U.S.

Laws 54

Laws Law School Drafting Education 54

JonathanTurley

MAY 30, 2021

. “LCPS staff shall allow gender-expansive or transgender students to use their 18 chosen name and gender pronouns that reflect their gender identity without any substantiating evidence, regardless of the name and gender recorded in the student’s permanent educational record. There may be room for compromise.

Education 57

Education Court Constitutional Law Legal 57

JonathanTurley

NOVEMBER 20, 2023

Law schools are also facing controversial mandates. In 2022, the American Bar Association required law schools to “provide education to law students on bias, cross-cultural competency, and racism: (1) at the start of the program of legal education, and (2) at least once again before graduation.”

Law School 68

Law School Education Tort Laws 68

JonathanTurley

MARCH 4, 2023

The Times Higher Education has prompted a debate in the teaching academy over a call for “Black bereavement leave” by Angel Jones , a professor is a visiting assistant professor teaching educational leadership courses at Southern Illinois University-Edwardsville. That could trigger a challenge by non-Black faculty.

Education 39

Education Work From Home Constitutional Law Lawyer 39

JonathanTurley

JULY 2, 2023

There is an interesting debate unfolding around the country in the aftermath of the Supreme Court barring the use of race in college admissions. For decades, colleges and universities have sought to downplay the weight given to race in court while insisting that it was one of a number of factors used in maintaining diversity.

Court 59

Court Education Court Rules Constitutional Law 59

JonathanTurley

APRIL 23, 2021

According to sites like Inside Higher Education , Gruber (as associate professor of German) was present at the meeting considering a demand to change the name of the Algood Middle School Redskins. They embody the intolerance for opposing views that is destroying higher education and free speech. You are on our list.

Tort 59

Tort Education Laws Court Rules 59

JonathanTurley

JULY 6, 2022

And we cannot break out of the bondage that we have imposed on ourselves from feeling like we have to– everything by our Supreme Court is decided in reference to this ancient document which is just not serving us well. Brooks is not alone in saying that the Constitution is the work of racists and is the source of many of our problems. .”

Laws 58

Laws Law School Education Court 58

JonathanTurley

JULY 2, 2022

New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in in New York State Rifle & Pistol Association, Inc. legislative assemblies, polling places, and courthouses—we are also aware of no disputes regarding the lawfulness of such prohibitions.

Laws 47

Laws Education Entertainment Sports 47

JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. I have a legal education.”

Statute 59

Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

AUGUST 7, 2022

The petition by an alumni group at Rhodes College is seeking to remove Supreme Court Justice Amy Coney Barrett from the school’s “Hall of Fame” due to her vote in the Dobbs decision overturning Roe v. Rob Marus started a Facebook group opposing her appointment to the Supreme Court. Rhodes College.

Stare Decisis 59

Stare Decisis Court Education Legal 59

JonathanTurley

APRIL 30, 2021

Ohio (a 1969 case that we can discussed much in terms of “violent speech”), the Court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. Ironically, the was a class discussion on free speech and racism. Swers was quoting Clarence Brandenburg from Brandenburg v.

Education 58

Education Court Decisions Court Constitutional Law 58

Legal Research is Easy

AUGUST 5, 2019

Thing is, these days law and the decisions courts hand down are very much like that. People go to one court, don't get what they want so they go to another court asking for, basically, the same thing. According to Black's Law Dictionary, STARE DECISIS means: Latin: To stand by things decided. Schempp , 374 U.S.

Stare Decisis 52

Stare Decisis Notary Public Laws Court 52

JonathanTurley

JANUARY 2, 2023

Such demands have been heard on various cable networks for weeks without addressing the constitutional barriers to denying a duly elected member from taking a seat. In my view, Santos could prevail in a court fight over being seated if he is barred due to lying about his credentials or background. The court agreed.

Finance 55

Finance Court Laws Government 55

JonathanTurley

MARCH 10, 2023

The Supreme Court is expected to rule soon on the use of race criteria in the admission of students in Students for Fair Admissions v. For decades, universities have avoided the type of outright quota the court held unconstitutional in Regents of the University of California v. This the Constitution forbids.”

Contract 46

Contract Education Litigating Litigation 46

JonathanTurley

SEPTEMBER 27, 2021

36, 49–51 (1961) : Throughout its history this Court has consistently recognized at least two ways in which constitutionally protected freedom of speech is narrower than an unlimited license to talk. On the one hand, certain forms of speech, or speech in certain contexts, has been considered outside the scope of constitutional protection.

Statute 34

Statute Court Education Government 34