Christine E Weller

March 08, 2018 | The Legal Intelligencer

The #MeToo movement has sparked a dialogue about sexual harassment and sexual misconduct that has had far reaching, and at times unexpected ramifications.

By Christine E. Weller

10 minute read

October 05, 2017 | The Legal Intelligencer

On Sept. 7, Secretary of Education Betsy DeVos announced that the Department of Education Office of Civil Rights (OCR) planned to review existing Title IX guidance on campus sexual misconduct with an eye toward rescinding it.

By Christine E. Weller and Fara A. Cohen

9 minute read

April 27, 2017 | The Legal Intelligencer

A trip to any college or university bookstore will uncover aisles of merchandise, from keychains to T-shirts, branded with the institution's name and logos. As evidenced by the variety of goods, the branding of a higher education institution's name or logo may be a significant source of revenue.

By Dina Leytes and Christine E. Weller

17 minute read

April 03, 2017 | New Jersey Law Journal

While rooted in state privacy law, a right of publicity claim also borrows themes from copyright and trademark law.

By Christine E. Weller

17 minute read

March 14, 2017 | The Legal Intelligencer

Schoolwide policies that address digital recording of classroom lectures are getting a closer look at some higher education institutions after a recent incident at Orange Coast College (OCC) in Costa Mesa, California, where a student was initially suspended for secretly recording a video of his professor's strongly worded criticism of then President-elect Donald J. Trump during class. After the video was posted online by the OCC College Republicans, the professor received a flood of critical emails and social media posts from individuals who disagreed with her political views. Some of these were violent and threatening, causing the professor to hand over the class to a substitute and temporarily flee her home. OCC found that the student violated a broadly worded campus policy against unauthorized recording and use of an electronic device in the classroom and suspended him. The student then appealed and the suspension was lifted. With free speech a highly charged issue on campuses, colleges and universities may find this a fitting time to revisit internal policies that address the recording of classroom lectures. This article discusses some issues that a higher education institution may consider with respect to its classroom recording policy, taking into account copyright law, privacy laws and regulations that protect various forms of sensitive information, reasonable accommodations to students with disabilities, and the broader context in which such a policy will be implemented. It will also consider specific classroom recording policies at a public and a private institution of higher education.

By Dina Leytes and Christine E. Weller

16 minute read

December 29, 2016 | The Legal Intelligencer

Student athlete is to college, as employee is to employer? On review, perhaps that analogy would fall into the SAT gray zone, to be debated hotly among rising high school seniors and then promptly forgotten once early acceptances to college begin to roll in. However, a number of recent decisions and advice memoranda indicate the National Labor Relations Board (NLRB) has directed its attention to colleges and universities, and is currently re-evaluating how student athletes enrolled at those institutions fall under the NLRB's purview, if at all. This article discusses recent NLRB decisions and provides recommendations for how to draft social media policies that will survive NLRB scrutiny.

By Dina Leytes and Christine E. Weller

16 minute read

December 14, 2016 | The Legal Intelligencer

As 2016 comes to an end, attorneys all across Pennsylvania are taking a moment to pause and reflect on the passage of another year. Nationally, the Trump presidency brings in an era of uncertainty and change that will impact our practices and the world for years to come. But 2016 also saw the resignation of a Pennsylvania Supreme Court justice for his participation in an email scandal and the conviction and sentencing of our attorney general. Another change, reflected locally and nationally, is the steady move toward legalization for marijuana. While unrelated, all these events touch on cultural shifts and caused rule changes that we focus on here.

By Ellen C. Brotman 
and Christine E. Weller

12 minute read

September 29, 2016 | The Legal Intelligencer

As students settle in to their physical and virtual seats for the semester, administrators at public and private institutions of higher education are already scurrying to prepare for the next academic year. This is true from both a course planning as well as internal compliance perspective. An area currently meriting extra attention is digital and web access for students with disabilities.

By Andrea Gosfield 
and Christine E. Weller

14 minute read

August 01, 2016 | Connecticut Law Tribune

By DINA LEYTES AND CHRISTINE E. WELLER, FOR LAW.COM

19 minute read

July 26, 2016 | The Legal Intelligencer

Perhaps on your most recent visit to a Philadelphia area museum you have noticed other visitors with their phones in front of them, walking slowly, or congregating in small groups while focused on their cellphone screens. These visitors were likely using their phones to play a new viral cellphone game, Pokémon Go. Players of the game are everywhere. You have probably seen them not just in your favorite museums, but in parks and on the street. Players of the game are multi-generational and include fans of the original game series, as well as those who have just been introduced and take to heart the game's catchphrase, "gotta catch 'em all!"

By Dina Leytes 
and Christine E. Weller

19 minute read