Nine years after Illinois legislators passed the Biometric Information Privacy Act (BIPA), a surge in litigation has forced state courts to consider sui generis questions related to privacy and the legal definition of “actual harm.” Though the law was passed in 2008, it wasn’t until late 2017 that workers started pursuing legal action in response … [Read more...]
LGBT Employees are Protected under Civil Rights Act
Back in 2004, this reporter’s niece was an employment attorney in New York City. She said that, “at the time I practiced, it was assumed that the CRA [Civil Rights Act] did not cover discrimination based on sexual orientation. “I would have loved to see the progression of the argument that ‘sex’ includes ‘sexual orientation”, my niece said, … [Read more...]
As Florida Considers Felons’ Right to Vote, Private Prisons Raise 13th Amendment Questions
For the first time in Florida history, voters will decide whether to restore the right to vote for 1.5 million ex-convicts—predominantly black and Hispanic non-violent, drug offenders-- who have been stripped of their voting rights for a lifetime after serving their prison time and parole. It is noteworthy that the proposed right to vote excludes … [Read more...]
High School Football Player in California May Kneel in Protest
Ever since professional football player Colin Kaepernick took a knee during the national anthem, the entire country has been knee deep in a debate about the meaning of such a gesture. Some have decried it as unpatriotic and disrespectful of soldiers; others have applauded the quarterback, who follows in the footsteps of Muhammed Ali, another … [Read more...]
Supreme Court Refuses to Hear Challenge to Mississippi’s anti-LGBT Law
The Constitution, we have come to find, is subject to interminable readings and re-readings; to contradictory impulses; to opportunisms of all persuasions (both liberal and conservative); and finally, to seemingly overt attempts to radically redefine the document’s intent. In our so-called “post-truth” age, this all seems par for the course. … [Read more...]
Undocumented Workers Exploited in Wake of Harvey
In the aftermath of Hurricane Harvey, day laborers, the majority of which are undocumented immigrants, are being put to work thanks to the many reconstruction projects now underway. This situation is not entirely surprising, as half the construction workforce in Texas are in the states illegally. According to a study released in 2013, nearly … [Read more...]
The Disproportionate Effects of Climate Change
Very often, the struggle against climate change is framed as preventative. Under this framework, the truly damaging effects of global warming are flung out into the future. Thus, we are told to do something now in order to stop future disasters from occurring. There is, however, cause to question this framework. All we need to do is observe the … [Read more...]
US District Judge Partially Enjoins Trump’s Transgender Military Ban
Late last month, U.S. District Judge Colleen Kollar-Kotelly partially enjoined President Trump’s ban on transgender military personnel, while allowing the ban on sex-reassignment surgery to remain intact. In July, the President tweeted his intention to prohibit the inclusion of transgender people in the US Armed Forces, arguing that “[the] military … [Read more...]
Special Administrative Measures Violate International Law, Study Claims
The Center for Constitutional Rights (CCR) and Yale Law School’s Allard K. Lowenstein’s International Human Rights Clinic recently released a report condemning the use of so-called Special Administrative Measures (SAMs), arguing that they violate International and US Laws. SAMs involve the extreme isolation of individuals, who may or may not be … [Read more...]
A Growing Trend of Voter Suppression
In 2013, the US Supreme Court gutted the Voting Rights Act, removing provisions requiring mostly southern states with histories of discriminatory voting practices to submit new election regulations to the federal government for approval. Chief Justice John Roberts wrote the opinion for the 5-4 majority, arguing that “things have changed … [Read more...]
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