What Teachers and Other School Employees Need to Know About Title IX While many people think of Title IX as a law that applies only to students, in fact the law does not mention students at all. The language of the statute is: “No person in the United States shall,…
Boston Lawyer Blog
Back to School Basics: Rights to Free Speech in Higher Education
Colleges and universities have traditionally valued free expression, experimentation, and open discourse as a core part of their missions. Students and faculty should be free to speak their minds and express themselves in order to provoke discussion and achieve greater understanding. But there are limits to the legal rights to…
Racial Discrimination and Harassment in School
In the last year or so, I have gotten many calls from families whose children have been harassed and discriminated against in school because of their race. Repeatedly, I am hearing that students of color, often in predominately white schools, are being called the n-word by their classmates and…
Back to School Basics: What To Do When the (Campus) Police Come Calling
Colleges and universities are starting their fall semesters, and orientation for incoming freshmen is well underway at many schools. One area that is not likely to be covered in orientation is students’ rights in encounters with police. While most students go through their entire college career without interacting with police,…
Williams v. Kincaid Addresses ADA Protection for Gender Dysphoria
By Julia Gaffney, law student intern Last week the Fourth Circuit Court of Appeals held that individuals who experience gender dysphoria can be protected from discrimination under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Kesha Williams, a transgender woman with gender dysphoria, was incarcerated for six months…
Ten ZDB Lawyers Named to Best Lawyers in America
Zalkind Duncan & Bernstein LLP is proud to announce that Attorneys Inga Bernstein, David Duncan, Emma Quinn-Judge, Monica Shah, Naomi Shatz, Rachel Stroup, David Russcol, Ana Munoz, Norman Zalkind, and Ruth O’Meara-Costello are listed in the 2023 edition of The Best Lawyers in America. They were recognized for their work in…
Proposed legislation would increase opportunities for juvenile diversion
The majority of adolescents in Massachusetts, at some point, engage in behaviors that could subject them to delinquency proceedings in Juvenile Court. Although most of those adolescents are unlikely to engage in that type of behavior more than once or twice, even those who are otherwise not at risk for…
David Russcol Defeats Summary Judgment Motion in Federal Unpaid Wage and Sexual Harassment Case
Earlier this week, a federal judge largely denied the defendants’ Motion for Summary Judgment in a case alleging that a nonprofit operating group homes on Cape Cod coerced our client into working long hours for no cash wages for nearly two years, and allowed her to be sexually harassed by…
ZDB is Hiring!
ZALKIND DUNCAN & BERNSTEIN LLP is hiring an associate to join our premier Boston criminal defense and civil litigation boutique. This progressive 13-lawyer law firm has a dynamic federal and state court practice, at both the trial and appellate levels. Our criminal defense practice includes crimes of violence, fraud and…
Concepcion v. United States Affirms District Court’s Broad Discretion in Deciding Criminal Sentences
In Concepcion v. United States, the U.S. Supreme Court continued its support for sentencing discretion for district court judges. In this case, the issue was how much discretion a sentencing judge has when resentencing a defendant pursuant to the First Step Act, a substantial criminal justice reform act that Congress…