As part of a bill broadly aiming to protect victims of abuse, including revenge porn and deepfakes, the Massachusetts legislature recently enacted an amendment to the restraining order statute that may have substantial unintended consequences. Although the well-intentioned provision allows a person suffering from “coercive control” to seek an abuse…
Yesterday, the First Circuit issued its decision in L.M. v. Middleborough et al., a case we discussed previously on this blog. The case concerned whether a public middle school could prohibit a student from wearing a t-shirt that said “There are only two genders.” The district court had held that…
Being placed on administrative leave can feel like limbo – you still have your job, but you’ve been told to stay away from your workplace, and perhaps your colleagues, often for an unknown amount of time. In this difficult situation, it’s important to learn about your legal rights and proceed…
On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court held that an employee bringing a discrimination claim under Title VII based on a job transfer does not need to show that she suffered significant harm with respect to the transfer, only that she suffered some…
Tenure is a crucial foundation for academic freedom at colleges and universities. Once professors receive tenure, they have a lifetime job from which it is very difficult for them to be fired. Nonetheless, tenure alone does not insulate a faculty member from institutional pressure. After all, the school still sets…
Two weeks ago the First Circuit heard oral argument in a case that touches on some of the most hot-button issues in education law: student speech rights and discrimination against LGBTQ students. In L.M. v. Town of Middleborough, the Court must decide whether the Middleborough public schools could tell a…
The ongoing battle over the employment rights of app-based drivers reached a new stage last week, when a group of drivers and union leaders brought a lawsuit to block a new set of ballot measures aimed at exempting app-based drivers from employment protections. When workers are categorized as employees, rather…
Massachusetts could become the first state in the country to enact a broad workplace anti-abuse law intended to hold employers liable for perpetuating, condoning, or ignoring psychological abuse at work. On October 10, 2023, Massachusetts had the highest number of advocates in the nation ever testify in front of the…
A recent decision against Harvard University in favor of a student accused of sexual assault demonstrates a viable path to challenging student discipline decisions. As we have discussed previously, courts are wary of interfering with academic decisions of universities, but have been willing to hold schools accountable for failing to…
In 2022 the Supreme Court recognized for the first time a constitutional right under the Second Amendment to carry a firearm in public, outside of the home, for the purpose of self-defense. As we observed earlier this year, courts and legislatures across the country are still trying to figure out…