Education Law

976 ABA Journal Education Law articles.

DeVos’ attempt to curtail debt forgiveness to defrauded students meets judicial roadblocks

In rulings by two federal judges this week, Secretary of Education Betsy DeVos encountered some roadblocks in her efforts to roll back relief for some defrauded student borrowers who seek…

Lawsuits target law reviews at Harvard and NYU, saying they favor women and minorities

A Texas group filed two suits over the weekend alleging that two prominent law reviews violate federal laws by giving preferences to women and minorities when selecting some of their members…

Are free speech and academic freedom under assault at colleges and universities?
Many see the case of Teresa Buchanan at Louisiana State University as emblematic of the precarious state of academic freedom for college and university professors. Others view the case as an example of the perils of applying a categorical rule to limit professorial speech.
House of Delegates urges end to mandatory arbitration of sexual harassment claims
After a year in which sexual harassment in the workplace has taken center stage, the ABA House of Delegates voted to urge legal employers not to require mandatory arbitration of such claims.
Students can challenge Education Department over loan forgiveness, judge rules

A U.S. district court has found that two graduates of a Massachusetts for-profit college have standing to challenge the U.S. Department of Education’s recent decision to delay implementation of the…

Group in Harvard admissions case wants to show how school used to discriminate against Jews
In a federal lawsuit challenging Harvard University’s admission policies toward Asian-Americans, plaintiffs are seeking to introduce evidence about how the Ivy League school discriminated against Jewish applicants in the early 20th century.
Justice Department intervenes in support of Asian-American students suing Harvard
The U.S. Department of Justice has filed a statement of interest in a lawsuit alleging that Harvard College discriminates against Asian-Americans with its affirmative action policy. The Washington Post, the Los Angeles Times and the Harvard Crimson have stories.
Judge weighs contempt after paper publishes redacted information about alleged school shooter

A judge in Broward County, Florida, is considering a motion to hold the South Florida Sun Sentinel and two of its reporters in contempt of court for publishing redacted information…

Did Kavanaugh’s ‘one race’ assertion signal a vote against racial preferences?

Supporters of affirmative action are concerned about a 2012 opinion of U.S. Supreme Court nominee Brett Kavanaugh that delayed but ultimately allowed a voter ID law in South Carolina opposed by the Obama administration’s Justice Department.

House resolutions decry over-discipline in schools, urge tech access for those with disabilities
Technological access for those with disabilities and curbing the school-to-prison pipeline were the focus of two resolutions brought by the Commission on Disability Rights before the ABA House of Delegates on Tuesday. Both were passed with overwhelming support.
Youth tackle football head injuries
A class action suit against the Pop Warner youth football league on safety concerns stands to be the first lawsuit to go to trial.
Proposed DOE regulation: Defrauded students seeking debt relief must prove schools misled them

The U.S. Department of Education proposed new regulations Wednesday including one that would require student loan-holders hoping to qualify for a “borrowers defense” for repayment adjudication to prove their college…

Despite Title IX guidance repeal, many schools don’t plan to change handling of sex abuse complaints
Many schools will continue using a preponderance of evidence standard when investigating Title IX complaints despite the U.S. Department of Education rescinding the guidance last year, according to a recent survey.
14 of 19 Vermont Law professors lose tenure, retention chair tells professors’ organization
After being informed by the chair of Vermont Law School's retention committee that the school stripped 14 law professors of tenure, the American Association of University Professors has questioned whether the school followed proper regulations.
Rescinding campus diversity policy, Trump administration offers Supreme Court rulings as guidance

The Trump administration said it will abandon a policy that asked schools to consider race in admissions as a way to diversify campuses.

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