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Higher Ed Associations Reaffirm Commitment to Diversity after Fisher v. UT

US Supreme Court buildingClick to view PDF of ad
image © Scott Lenger
ARL and 36 other members of the Washington Higher Education Secretariat placed an advertisement (PDF) in yesterday's New York Times declaring that diversity in higher education remains a national priority. Last week, the US Supreme Court issued a decision in Fisher v. University of Texas at Austin et al., a closely watched case challenging the University of Texas’s consideration of race as part of its admissions policy. The Supreme Court held that the Fifth Circuit had not applied the correct level of scrutiny to the policy and sent the case back to the Fifth Circuit for review. In its decision the Supreme Court maintained the legal principle that the educational benefits of a diverse student body are a compelling governmental interest.

 
 

Supreme Court Sends Fisher v. UT Austin Back to Lower Court

us-supreme-courtimage © Mark FischerIn a decision issued Monday, June 24, the US Supreme Court avoided a final ruling in a closely watched case challenging the University of Texas’s consideration of race as part of its admissions policy. Instead, the court held that the Fifth Circuit had not applied the correct level of scrutiny to the policy.

 
 

LCA Files Amicus in HathiTrust Case, Joins Flood of Support from Higher Ed, Disability Groups, Nonprofits

hathitrust-logo-croppedHathiTrustOn June 3, the Library Copyright Alliance (LCA) filed an amicus brief (PDF) in support of HathiTrust and its partners as they defend their district court victory on appeal in the Second Circuit. LCA consists of three major library associations—the American Library Association, ARL, and the Association of College and Research Libraries—that collectively represent over 300,000 information professionals and thousands of libraries of all kinds throughout the US and Canada.

 
 

Library Copyright Alliance Supports Georgia State University in Amicus Brief

georgia-state-university-libraryGSU Library
image © Jason Puckett
The Library Copyright Alliance (LCA) filed a “friend of the court” brief (PDF) late yesterday in support of Georgia State University (GSU) in the appeal of Cambridge U. Press et al. v. Mark P. Becker et al. In its brief, LCA argues that GSU’s e-reserves policy is consistent with widespread and well-established best practices for fair use at academic and research libraries, and that these uses have no negative effects on scholarship. LCA was represented by Jonathan Band and attorneys from the Electronic Frontier Foundation. The case is on appeal with the US Court of Appeals for the 11th Circuit.

 
 

Impact of Supreme Court Decision in Kirtsaeng v. Wiley: LCA Releases Issue Brief

textbook-stackimage © Chrystal Parsons

In "The Impact of the Supreme Court’s Decision in Kirtsaeng v. Wiley on Libraries" (PDF), Jonathan Band explains the recent copyright decision on the scope of the "first sale" doctrine, its context, and its likely consequences for libraries in the US. In short, the Supreme Court's opinion is a landmark victory that strengthens the legal foundation of library lending, and the Court's extensive reliance on the Library Copyright Alliance's amicus brief shows the importance of library engagement in policy debates. Continued vigilance will be necessary, Band explains, as rights holders disappointed with the Court's majority opinion could go to Congress for a change to the law.

 
 
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