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  • Monthly Archives: March 2012

    Reverse Sex Discrimination in New York City High School Sports?

    Title IX specifically prohibits gender discrimination in any program that receives federal funds and guarantees that schools must offer equal opportunities to student-athletes without regard to gender. As this year marks the 40th anniversary of Title IX’s passage, it has become most famous for its significant role in expanding and promoting athletic opportunities for female […]

    U.S. Supreme Court Determines that State Employees Cannot Sue under the FMLA’s Self-Care Provisions

    Coleman v. Court Of Appeals of MD., 566 U. S. ____ (2012).  On March 20, 2012, the U.S. Supreme Court held in Coleman v. Court of Appeals of Maryland that states are immune from lawsuits under the self-care provisions of the Family and Medical Leave Act (“FMLA”). This case involves the employment of Plaintiff-Petitioner Daniel […]

    Suspension for Student’s Facebook/Youtube Rap Video Does Not Violate First Amendment

    Can a school official discipline a student who, while off-campus, creates a rap video depicting a school official in a vulgar and offensive manner? As both the internet and technology expand, the issue of whether school officials may discipline students for off-campus conduct is being presented in more and more schools and courtrooms across the […]

    Can Students Deliver “Inspirational Messages” During School Events?

    The prayer-in-schools debate has recently revived itself in Florida, where a controversial bill has passed the house and senate and awaits the signature of Governor Rick Scott. The bill at issue would authorize school boards to create policies allowing students to deliver “inspirational messages” during any school event, including graduation, sporting events, and mandatory gatherings, […]

    New York Appellate Division Adopts Zubulake Standard to Determine Which Party Should Bear the Cost of Producing ESI

    U.S. Bank Natl. Assoc. v. GreenPoint Mortgage Funding, Inc., 2012 N.Y. Slip Op 01515 (N.Y. App. Div. Feb. 28, 2012). Large scale document production, in particular production involving an extensive amount of electronically stored information (“ESI”) has come to the forefront of discovery news lately in New York. We discussed the Appellate Division for the […]

    Student Punished for Wearing “All the Cool Girls Are Lesbians” Shirt

    The tension between a student’s First Amendment right to self-expression and a school official’s duty to provide a safe and undisruptive learning environment has created a national free speech debate for decades. Students argue that restrictive dress code policies are unconstitutional, as they are guaranteed the right to express themselves through fashionable clothing or jewelry […]

    Is School Led Prayer in Public Schools Appropriate?

    A great number of issues involving religion have arisen in the educational context. Perhaps no aspect of the church-state controversy provokes more debate than the subject of school led prayer in public schools. Particularly with the 2012 Presidential Election drawing near, there has been an increased political focus on school led prayer by various presidential […]

    Employment Litigation in Review #4

    It’s been over a month since our last employment review, so here are some updates that have recently occurred in the employment and labor field. U.S. District Court in the District of Columbia Upholds NLRB’s Posting Rule  National Association of Manufacturers, et al. v. National Labor Relations Board, et al., 1:11-CV-01629 (U.S.D.C. March 2, 2012) […]

    Can a school official search the contents of a student’s cell phone?

    It is indisputable that cell phones pervade the public school arena. In fact, it is estimated that approximately 75% of American teenagers between the ages of twelve and seventeen carry cell phones with them to school. The increased presence of cell phones on school grounds has resulted in mounting uncertainty as to whether school officials […]

    Can Schools Discipline Students for Off-Campus Cyberbulling?

    Cyberbullying is one of the fastest growing problems affecting school officials across the country today. Students are being increasingly tormented, threatened, humiliated or otherwise targeted through the widespread use of the Internet and cellular devices. The National Crime Prevention Council reports that cyber-bullying is a problem that affects almost half of all American students. Cyberbulling […]