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Robert Lusk
Aug 22, 20242 min read
Supreme Court Temporarily Blocks Implementation of New Title IX Regulations
Public educational institutions have struggled to implement Title IX regulations for several years. The Trump administration issued a...


Robert Lusk
Jul 9, 20242 min read
U.S. Supreme Court Limits “Administrative State” by Reversing Chevron Decision
In school we all learned about three branches of government – executive, legislative, and judicial. But we didn’t learn much, if...


Robert Lusk
Jun 17, 20242 min read
Sixth Circuit Agrees: Title IX Does Not Apply To Sex Orientation Or Identity, At Least Not Today
Recent administrations have “yo-yoed” about Title IX’s applicability to sexual orientation and identity. During the Trump...


Robert Lusk
May 16, 20241 min read
Michigan’s Supreme Court Recognizes Associational Retaliation Claims
What is associational retaliation? The following example may help. Employee A files a lawsuit against his Employer alleging illegal...


Robert Lusk
May 1, 20242 min read
MI Supreme Court Strikes Down Pay-for-Service by Public Sector Unions
In 2018, the U.S. Supreme Court prohibited public sector unions from requiring employees to join a union or pay an agency fee as a...


Robert Lusk
Feb 9, 20242 min read
US Supreme Court Addresses Burden of Proof in Whistleblowers Cases
On February 8, 2024, the United States Supreme Court defined the burden of proof in Sarbanes-Oxley whistleblowers cases. Murray v. UBS...


Robert Lusk
Jan 8, 20242 min read
Another Culture Wars Case: Schools, Sex, and Gender
“Give me a child until he is 7, and I will give you the man.” Ignatius Loyola Whether the saying is always true, children’s...


Robert Lusk
Nov 13, 20232 min read
Sixth Circuit Rejects “Political Process” Challenge to Michigan’s Parochiad Prohibition
In Hile v. State of Michigan, Case No. 22-1986 (November 6, 2023), the Sixth Circuit rejected a political process challenge to Michigan's...


Robert Lusk
Oct 23, 20232 min read
En Banc Ninth Circuit Affirms Injunction in Religious Liberty and Free Speech Case
Readers may recall that a little more than a year ago, on September 22, 2022, I published a short piece about a Ninth Circuit decision...


Robert Lusk
Aug 18, 20231 min read
Robert A. Lusk Secures Best Lawyers in American Accolade
Robert A. Lusk, the owner of Educators Legal Services, was again recognized by his peers as one of the "Best Lawyers in America" in...


Robert Lusk
Aug 3, 20231 min read
Can Teacher’s Religious Beliefs Trump a District’s Pronoun Policy?
On June 30, 2023, we summarized the Supreme Court’s decision in Groff v. DeJoy, which expanded employers’ duties to accommodate...


Robert Lusk
Jul 6, 20232 min read
The Supreme Court’s Decision in 303 Creative LLC
The Supreme Court’s June 30, 2023 decision in 303 Creative LLC v Elenis, Case No. 21-476, held the State of Colorado could not compel a...


Robert Lusk
Jul 6, 20232 min read
Supreme Court Rejects Secretary of Education’s Student Loan Cancellation
The Supreme Court's June 30, 2023 decision in Biden v Nebraska, Case No. 22-506, disappointed thousands of student loan recipients by...


Robert Lusk
Jul 3, 20233 min read
Michigan Court of Appeals Strikes Down HHS COVID Orders
Michigan’s Court of Appeals addressed perhaps the last significant legal issue related to the COVID-19 pandemic in T & V Associates, Inc....


Robert Lusk
Jun 30, 20232 min read
Supreme Court Enhances Employers’ Duty to Accommodate Employees’ Religious Practices
Title VII of the Civil Rights Act of 1964 (Title VII), employing language similar to the Americans with Disabilities Act of 1990 (ADA),...


Robert Lusk
Jun 29, 20232 min read
Supreme Court Strikes Down Race-Conscious College Admissions Policies
The Supreme Court first countenanced race-conscious college admissions policies 45 years ago in Regents of Univ. of Cal. V. Bakke. In...


Robert Lusk
Jun 14, 20232 min read
Insights from Recent Sixth Circuit LRE Case
We carefully follow Sixth Circuit cases because they define how federal laws will be applied in Michigan. A recent Sixth Circuit least...


Robert Lusk
Jun 8, 20232 min read
Sixth Circuit Addresses Off-Campus Student Speech
Student social media use and misuse raise questions of when and under what circumstances a public school can discipline students for...


Robert Lusk
Jun 2, 20231 min read
Supreme Court Requires Advance Notice of All Claims against the State
Generally, Section 6431 of the Revised Judicature Act, MCL 600.6431, prohibits a lawsuit against the State of Michigan (or any of its...


Robert Lusk
Apr 30, 20232 min read
DOE Proposes New Rule to Account for Transgendered Athletes
The United States Department of Education (DOE) has issued a proposed amendment to the regulations implementing Title IX and athletics. ...
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