Dina Leytes

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

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

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

July 08, 2016 | The Legal Intelligencer

As our digital presence and "real" lives become increasingly intertwined, schools must determine where their obligation to review and investigate harmful student behavior starts and stops. As an example, pursuant to Department of Education guidance, a school is considered to be on notice of a potential Title IX violation if a responsible school employee knew, or in the exercise of reasonable care should have known, about the alleged incident of sexual violence. This encompasses direct complaints from a victim as well as indirect notice from a member of the local community, on a social networking site, or from the media.

By Dina Leytes and Christine E. Weller

17 minute read

May 06, 2016 | The Legal Intelligencer

For many colleges and universities, hard-copy library reserves are a thing of the past. Many schools have taken to digitizing their reserve materials, allowing students to access required books and articles from the comfort of their dorm rooms.

By Dina Leytes and Christine E. Weller

9 minute read

March 15, 2016 | The Legal Intelligencer

This new suit raises questions about Google's representations about how and whether it scans GAFE accounts, and may leave schools wondering if they have unduly exposed sensitive information or violated The Family Educational Rights and Privacy Act, or FERPA, as a result of outsourcing email services to a third-party.

By Dina Leytes and Christine Weller

9 minute read

January 12, 2016 | The Legal Intelligencer

In an effort to be more inclusive, Harvard University now asks incoming freshmen to check off their pronoun of choice during the initial course registration process: he, she, ze, e or they.

By Dina Leytes and Alva C. Mather

8 minute read

January 12, 2016 | The Legal Intelligencer

In an effort to be more inclusive, Harvard University now asks incoming freshmen to check off their pronoun of choice during the initial course registration process: he, she, ze, e or they.

By Dina Leytes and Alva C. Mather

8 minute read