This was a year of great expectations in the field of higher education law, and it continues as such, with our expectations unfulfilled. There were some significant decisions issued shortly after the last Annual Conference. In June of 2013, the U.S Supreme Court issued five decisions of importance to faculty members and institutions: in Fisher (infra at pg. 12), the Court reaffirmed the legal standard applicable to affirmative action in higher education admissions; in two employment law cases, Nassar and Vance, (infra at pg. 14-15) the Court addressed the standard of proof in retaliation cases and the issue of supervisory authority; and in Windsor and Hollingsworth, (infra at pg. 5-6) the Court addressed the issue of gay marriage. Finally, there were a number of significant lower court decisions on issues including copyright law, First Amendment protections, FOIA requests and tenure contracts.
"Annual Legal Update,"
Journal of Collective Bargaining in the Academy: Vol. 0
, Article 42.
Available at: http://thekeep.eiu.edu/jcba/vol0/iss9/42