Robert Lusk
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...
Blog
Search
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 25
- 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...
Robert Lusk
- Feb 22
- 2 min
Iowa’s Supreme Court Weighs In on Doctor’s Notes for ABA Therapy
If a school district receives a doctor’s note prescribing ABA therapy, is it required to release a student during the school day? The...
Robert Lusk
- Feb 21
- 1 min
Compensatory Services for 504-Eligible Students
The school closures resulting from the COVID-19 pandemic have adversely affected the educational progress of many IDEA and Section...
Robert Lusk
- Nov 16, 2021
- 1 min
Sixth Circuit Vacates Decision Upholding Michigan Mask Mandate
This summer a Sixth Circuit panel of three judges upheld an order from the Michigan Department of Health and Human Services (MDHSS)...
Robert Lusk
- Nov 15, 2021
- 3 min
Fifth Circuit Slaps Down OSHA’s COVID-19 ETS
The debate about the pros and cons of vaccination and other precautions against the transmission of the COVID-19 virus is on-going. In...
Robert Lusk
- Oct 29, 2021
- 1 min
SPPO Affirms Flexibility in COVID-Related Disclosures
You learn a student was diagnosed with COVID-19. Can you tell her teachers and classmates? Frank E. Miller Jr., the Deputy Director of...
Robert Lusk
- Oct 27, 2021
- 1 min
District Court Tosses Disabled Students’ Challenge to COVID Vaccine Requirement
Educational institutions across the country are adopting COVID-19 vaccine requirements. The New York law at issue in this case,...