Robert Lusk
Florida Federal Court Enjoins State's Stop WOKE Act
Wikipedia calls “eugenics” a “fringe set of beliefs and practices that aim to improve the genetic quality of a human population. ...
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Robert Lusk
- Oct 5
- 2 min
Does the Right of Teacher Placement Cover Non-Curricular Assignments?
Michigan’s Court of Appeals issued an unpublished per curiam decision holding that a school district employer’s absolute right to...
Robert Lusk
- Oct 5
- 2 min
Mackinac Center Promises Appeal in Private School Finance Case
This blog has covered several court decisions, including U.S. Supreme Court decisions, striking down state laws that discriminate against...
Robert Lusk
- Sep 7
- 5 min
Civil Rights v. Religious Liberty
The extension of civil rights to include gender-related issues inevitably generates conflict between those who identify as or support the...
Robert Lusk
- Aug 18
- 1 min
Robert A. Lusk Honored by The Best Lawyers in America
Educators Legal Services, PLLC, is pleased to announce that its owner, Robert A. Lusk, was recognized in the 29th edition of The Best...
Robert Lusk
- Aug 16
- 2 min
OCR Improves Mediation Process
A full-blown OCR investigation can be a long, expensive, and tedious process. In the meantime, the dispute lingers and the relationship...
Robert Lusk
- Jun 30
- 2 min
Praying-Coach Case Reduces the Wall between Church and State to a Speed Bump
A few days ago, the Supreme Court handed down its decision in Carson v Makin, 596 US ___ (2022), holding a State program that funded...
Robert Lusk
- Jun 22
- 2 min
Supreme Court Strikes Down Another State Program that Discriminates against Sectarian Schools
On June 21, 2022, for the fourth time in eight years, the Supreme Court ruled that a state program that discriminated against sectarian...
Robert Lusk
- Jun 15
- 3 min
Fourth Circuit Resolves Contentious Dress Code Case
May a publicly funded charter school impose a dress code that requires girls to wear skirts? The Fourth Circuit, en banc, answered this...
Robert Lusk
- Jun 7
- 2 min
University’s Desire to Hire More Female Professors Frustrated by Title IX
Title IX was enacted in 1972 to counter then-prevalent discrimination against women by prohibiting discrimination “on the basis of sex.” ...
Robert Lusk
- Jun 2
- 3 min
Opinion on Sixth Circuit’s Recent Expansion of Title IX Liability
Note - I don't usually express my personal opinion on the legal developments reported here, at least not explicitly. But I believe this...
Robert Lusk
- May 26
- 2 min
Has the Fifth Circuit Singed the Wings of the Administrative State?
In civics class, we learn about three branches of government: legislative, executive, and judicial. We don’t learn much, if anything,...
Robert Lusk
- May 16
- 2 min
Supreme Court’s Unanimous Decision in “Christian Flag” Case Camouflages Deep Legal Disagreements
In Shurtleff v City of Boston, ___ US ___ (May 2, 2022), the United States Supreme Court issued a unanimous decision prohibiting the City...
Robert Lusk
- May 12
- 2 min
Supreme Court Holds Damages for Emotional Distress not Available Under Section 504 and ACA
The Supreme Court recently held that damages for mental anguish and emotional distress are not available under Section 504 of the...
Robert Lusk
- May 11
- 3 min
Do We Need More 504 Regulations?
On May 6, 2022, the U.S. Department of Education (DOE) solicited comments for potential new regulations implementing Section 504 of the...
Robert Lusk
- Apr 30
- 3 min
Eleventh Circuit Clamps Down on University’s “Woke” Speech Policies
The University of Central Florida (UCF), like many state universities and public schools, promulgated policies intended to protect...
Robert Lusk
- Apr 26
- 3 min
Judge to CDC: You Can’t Make Us Wear Masks on Airplanes!
The mask wars continue. Most recently, in Health Freedom Defense Fund, Inc. v. Biden, Case No. 21-cv-1693 (April 18, 2022), Judge...
Robert Lusk
- Apr 1
- 2 min
Sixth Circuit Confirms No Vicarious Liability for Section 504 and Title II ADA Claims
Few non-lawyers can define the legal doctrines of vicariously liability and respondeat superior. But most are familiar with how they...
Robert Lusk
- Mar 24
- 2 min
Court of Appeals Breathes Life Into On-Going “Student Poaching” Case
Two neighboring school districts in adjacent counties have been litigating a student poaching case for over a decade. The Court of...
Robert Lusk
- Mar 24
- 2 min
District Dinged on FOIA Requests and Ordered to Pay Attorney’s Fees
The Court of Appeals recent decision in Metcalf v Grand Ledge Public Schools (February 24, 2022) concluded the school district violated...