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Disciplinary meeting
Sep 4, 2023

Virginia Tech student got due process in hearing

The 4th U.S. Circuit Court of Appeals upheld the dismissal of a suit against Virginia Tech and university officials filed by a student who received a “long suspension” from the university following a Title IX investigation.

Aug 30, 2023

Student got due process during disciplinary procedure

Where a Virginia Tech student alleged that the university’s Title IX investigation, hearing and appeal process denied him due process of law, his complaint was dismissed. Even assuming he had a cognizable liberty or property interest in his continuing education, he hadn’t alleged facts plausibly suggesting that he was deprived of it without sufficient process. […]

Jul 27, 2023

Parent waited too long before suing ex-official

Where a parent alleged that the former Virginia Secretary of Education restricted her participation in public discussions of the admissions policies at Thomas Jefferson High School for Science and Technology, or TJ, in violation of the First and Fourteenth Amendments, but she filed her suit more than two years after she was allegedly injured, the […]

Jul 27, 2023

Court can review habeas petition about alleged illegal detention

Where a petitioner sought a writ of habeas corpus over his alleged illegal detention by Immigration and Customs Enforcement, and the government argued the court lacked jurisdiction to review that claim, its argument was denied. There was no statutory prohibition against the court reviewing that claim, and divesting the court of jurisdiction would violate the […]

Jul 25, 2023

Professor can’t show he was punished for speech

Where a college professor alleged that he was subjected to adverse employment actions in retaliation for protected speech, but two of the communications weren’t protected, and there was no causal connection between the third communication and the alleged retaliation, his suit was dismissed. Background Stephen Porter has been a tenured professor at North Carolina State […]

Jun 25, 2023

Professor disciplined for making sexual comments

Where a university professor was disciplined after students complained about his making comments about his personal sex life and the sex lives of his students, he failed to state a claim against the university under Title IX, for procedural due process and for First Amendment retaliation. Background Todd Kashdan, a tenured psychology professor at George […]

Jun 22, 2023

Attempt to enjoin firearm regulation fails

Where a man sought a nationwide injunction against a final rule promulgated by the ATF regarding the definition of “rifle,” but he failed to show a likelihood of success on the merits of his constitutional and administrative claims, his motion was denied. Background Congress enacted the National Firearms Act of 1934, or NFA, in an […]

Jun 11, 2023

Virginia Tech defeats attempt to enjoin university’s policies

Where an organization alleged that two Virginia Tech policies violate the First Amendment rights of its students, but the organization lacked standing to challenge one policy, and failed to show the second policy violated the First Amendment, its motion for injunctive relief was denied. Background Speech First Inc. asserts that two Virginia Tech policies — […]

Jun 6, 2023

Admissions policy withstands constitutional attack

Where a new admissions policy at Thomas Jefferson High School for Science & Technology visits no racially disparate impact on Asian American students, the district court erred when it concluded the policy violates the Fourteenth Amendment’s guarantee of equal protection. Background The question is whether the admissions policy adopted by Virginia’s Fairfax County School Board […]

May 23, 2023

Ban on under-21 firearms purchases unconstitutional

Where plaintiffs challenged federal laws prohibiting them from purchasing handguns from federal firearm licensed dealers, or FFL, because they are over 18 but less than 21 years old, the laws were unconstitutional. Prohibitions on the rights of 18-to-20-year-olds to purchase handguns are not supported by our nation’s history and tradition. Background Plaintiffs, who are over […]

May 11, 2023

Strict scrutiny for statutory residency requirement

Where appellant challenged the constitutionality of a statute that requires petition circulators to be qualified to vote in the referendum for which they are circulating petitions, the circuit court erred by applying a rational basis analysis and ruling that the statute was constitutional. The circuit court should have applied a strict scrutiny analysis. The “enforcement […]

Apr 25, 2023

Parents allege anti-bias program chills speech

Where parents alleged their minor children were afraid to speak about political or social issues because they were afraid that fellow students would accuse them of bias through a Loudoun County school board program intended to report bias in the schools, the parents had standing to challenge the program. Background The Loudoun County public schools, […]

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