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…

Over the last several years, it has become increasingly common to send or request nude or intimate images in the context of personal relationships. However, it is important that all parties to sexting and similar activities be consenting adults. (Sexual photos of minors under 18 are considered child pornography under…

Since its 2008 decision in Heller, the U.S. Supreme Court has been expanding the understanding of the constitutional right to bear arms under the Second Amendment. Heller held that the Second Amendment right is individual, and not limited to the context of an organized, “well-regulated militia.” In 2010, the Court…

In the last few decades, and particularly since the start of the COVID-19 pandemic, remote working arrangements have become increasingly common. In many industries, an employee can produce documents, answer emails, and attend video meetings from anywhere with an Internet connection, without even setting foot in an employer’s office. That…

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…

Under longstanding case law in Massachusetts and the First Circuit, a court must interpret a student handbook or other school policy consistent with the “reasonable expectations” of a student reading it. If the school fails to follow its established policies, the student may be able to hold it accountable through…

As part of the criminal justice reform bill in 2018, the Massachusetts legislature passed a statute creating a limited parent-child privilege so that minor children who may be in legal trouble can seek advice from their parents without having to worry that their parents could be witnesses against them in…

In Massachusetts, as in many other states, the Legislature has adopted a personnel record law that specifies documents and information that every employer must maintain in an employee’s personnel record, such as documents relating to an employee’s qualifications and possible promotions, transfer, or discipline. For instance, many employers must include…

The Department of Education’s new Title IX regulations, which have now been officially published, run to over 550 pages of fine print in the Federal Register or over 2000 pages in regular font. Few people have the time or knowledge necessary to identify the most important parts of the regulations,…

The new Title IX regulations from the Department of Education (summarized by my colleague here) promise significant procedural protections for students accused of sexual misconduct, and require that all potential victims of sexual harassment be offered supportive services at a minimum. Among other things, the regulations mandate that, in response…