When nursing student Nina Yoder was assigned to follow a patient through the birthing process, she got the bright idea to write about the experience on her MySpace page. There, she called babies “demons … from hell” and referred to the patient’s newborn as “the new Creep.”

The school dismissed her, saying she violated its honor code and a confidentiality agreement associated with the course.

Yoder sued, claiming a violation of her free speech rights.

A lower court ruled in her favor and ordered her reinstatement, saying Yoder’s actions didn’t violate any contract she had with the school. But an appeals court reversed and sent the case back to the lower court, pointing out that Yoder did not raise any contract-based claim and ruling that the lower court was not at liberty to decide the case on that basis.

Meanwhile, Yoder went back to school and completed her studies.

That’s when the school asked the court to dismiss the case, arguing there was nothing further left for it to decide.

Not so fast, the court said. Yoder still has a pending claim for damages that has not yet been considered.

The case marches on.

Cite: Yoder v. University of Louisville.

Remember the story about Nina Yoder, the nursing student who posted a less-than-flattering rendering of a live birth on her MySpace page?

Yoder was dismissed from the University of Louisville’s nursing program based on the perceived lapse in judgment, but when she sued under the First and Fourteenth Amendments a federal district court ruled in her favor. After the district court ordered her reinstatement, the school appealed.

Now, a federal appeals court has nullified the district court’s decision and sent the case back to the lower court for more proceedings.

The district court took it upon itself to decide the case on contract grounds. It ruled in Yoder’s favor, essentially finding that the school breached a contract with her when it dismissed her from the program. 

As the appeals court explained, the problem with this approach was that Yoder did not raise a breach of contract claim. And since the parties never litigated such a claim, the district court wasn’t free to rule for Yoder on a contract theory.

The case now goes back to the lower court.

Cite: Yoder v. University of Louisville.

Which court got it right? Tell us what you think — and don’t forget to follow us on Twitter.

It may seem as if the entire world uses Facebook — but a new study shows most people don’t like it. Here’s why: Even though the social networking site recently hit 500 million users, it’s ranked in the bottom five percent of all organizations surveyed by the University of Michigan’s Ross School of Business and a Michigan consulting firm.

That means: Facebook is side-by-side with airlines and cable companies when it comes to customer satisfaction. In fact, even the IRS’s e-file service scored higher!

Out of the survey’s 100-point scale, Facebook scored 64.

Here’s how it stacked up against other social media websites:

• Wikipedia scored 77
• YouTube — 73
• MySpace — 63

Andrew Noyes, Facebook spokesperson, told Inc.com: “We haven’t reviewed the survey methodology in detail, but clearly we have room to improve … We spend so much of our time and energy focused on improving the products we offer and introducing new ones.”

How do you feel about Facebook? Let us know in the comments section below.

So natural, in fact, that their grades aren’t affected even if they’re frequently using Facebook, YouTube, Twitter, MySpace, LinkedIn and/or blogs.

The study divided 1,127 students into light users (about a half hour or less per day) and heavy users (more than an hour per day).

Here are the results, according to PsychCentral.com:

• 65% of light users received high grades (straight A’s, or A’s and B’s) compared to 63% of heavy users
• 35% of light users received low grades (B’s and lower) compared to 37% of heavy users.

To view the complete study, click here.

Is the case closed — or do you think more research is needed to determine the connection between grades and social media?

Let us know in the comments section below.

Turns out not all social networks are created equal when it comes to their effect on our brains.

Dr. Tracy Alloway of Scotland’s University of Stirling, says her study shows using Facebook stretches our “working memory” (our short-term or recent memory), while Twitter, YouTube and text messages tend to weaken it.

Alloway studies working memory and has developed a training program to increase the performance of children – ages 11 to 14 – who are slow learners. She found:

• Keeping up-to-date with Facebook improved the children’s IQ scores
• Playing video games – especially those that require planning and strategy – and Sudoku also were beneficial
• Using Twitter, YouTube and text messaging does not engage enough of the brain to be helpful, and actually reduce attention span. (Click here for the full story on Alloway’s study.)

“On Twitter, you receive an endless stream of information, but it’s also very succinct,” Alloway said. “You don’t have to process that information.”

She noted that Facebook requires you to keep track of past actions and then plan future actions, which stretches the working memory.

They might not be doing it to improve their memory, but prospective college students are increasingly using Facebook for more than just social interaction. According to a new Kaplan Test Prep and Admissions study, more than 70% of college admissions officials have received “friend requests” from students using Facebook and MySpace.

While it’s debatable whether “friending” an admissions official gives a student an edge when applying to a given college, it’s reasonable to suggest students are using social network sites to help their chances of getting into the school of their choice.

Do you interact with students on Facebook? Let us know in the comments section below.

The student’s MySpace posting about the assignment called babies “demons … from hell” and referred to the patient’s newborn as “the new Creep.”

When officials at the University of Louisville’s School of Nursing got wind of the student’s posting, they dismissed her from the nursing program for allegedly violating the school’s honor code and a confidentiality agreement associated with the course.

The student responded with a lawsuit claiming violation of her free speech rights.

And she won.

Resolving the case on contract grounds, the court said the student’s post didn’t violate the confidentiality agreement because nothing in her blog post could lead to the discovery of the mother’s identity. And it didn’t violate a “professionalism” provision of the honor code “because it was not created or used in any professional context,” the court reasoned.

The court ordered that the student be allowed to return to her classes.

Cite: Yoder v. University of Louisville.

Did the court get it right? Tell us what you think in the comments section  below.

At least that’s what it looks like according to a recent report by the National Association for College Admission Counseling (NACAC).

Students’ entries on Facebook, MySpace, Twitter and other social networking sites are often viewed by college admission officials.

Here’s what else the NACAC study found:

• 88% of admissions offices consider these networking sites an important recruiting tool
• 53% of colleges look at social media for info about their institution, and
• 33% of colleges maintain a blog.

Do you consider social networking sites valuable tools? Let us know in the comments section below.