Religious Use Law in South Florida
Welcome to this edition of the FP Non-Profit Snapshot, where we take a quick look at a recent significant legal development with an emphasis on how it impacts non-profit organizations. This edition focuses on a landmark...more
A recent Supreme Court ruling could have significant implications for religious schools and other nonprofit organizations seeking tax exemptions under state unemployment compensation systems. What standard will be applied to...more
As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more
In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more
On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more
Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a...more
On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more
On January 24, 2025, the United States Supreme Court granted two petitions for certiorari in the cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond,...more
On January 24, 2025, the Court granted certiorari in three cases: Oklahoma Statewide Charter School Board v. Drummond, St. Isidore of Seville Catholic Virtual School v. Drummond, Nos. 24-394, 24-396: These consolidated...more
Our Education thought leaders have pulled together their top predictions for the new year so that higher education institutions and K-12 private and independent schools can get a running start to 2025....more
Many of my JDSUPRA postings, a full catalog of which may be found below, are about the doctrinal incoherence that is being inflicted on the institution of the trust by legislative intrusions into equity doctrine, intrusions...more
In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more
Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more
Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more
California readers most likely are aware of the fact that California's nonprofit corporate law is triadic. Thus, it possible to organize a nonprofit corporation as a public benefit corporation, a mutual benefit corporation...more
On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote the majority opinion....more
Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more
On October 11, 2023, Governor Newsom signed SB 4, the Affordable Housing on Faith Lands Act (also known as "Yes in God's Back Yard" (YIGBY)), which promises to be one of the momentous housing bills of 2023. Sponsored by...more
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...more
On August 14, 2023, the New Jersey Supreme Court issued an opinion in Crisitello v. St. Theresa School finding in favor of a catholic school that was sued for pregnancy and marital-status discrimination by a former teacher...more
Religious schools in New Jersey that make employment decisions based on the tenets of their faith just received a favorable ruling from the state’s highest court last week. The case involves an unmarried Catholic school...more
Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more
In Ratliff v. Wycliffe Assoc., Inc., No. 6:22-cv-1185-PGB-RMN, 2023 WL 3688082 (M.D. Fla. May 26, 2023), the plaintiff, a software developer, sued the defendant, a Bible translation ministry, for sex discrimination under...more
Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more
It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule....more