On June 13th, United States District Court Judge Robert Scola ruled in favor of the plaintiff in what was likely the first trial to consider whether Title III of the Americans with Disabilities Act (ADA) applies to websites. The plaintiff contended that the defendant, Winn-Dixie Stores, Inc., failed to provide screen reader technology to make the … [Read more...]
The Financial Choice Act Would Reduce Corporate Accountability
After it was discovered that Wells Fargo created 2 million unauthorized accounts to fill quotas, two of the executives responsible were made to return a fraction of their pay, totaling $60 million. Some thanks are owed to the Dodd-Frank Act of 2010, without which John G. Stumpf and Carrie L. Tolstedt would not have been financially punished. Now … [Read more...]
Supreme Court Stops Social Media Ban for Sex Offenders
On June 19th, the Supreme Court found that sexual offenders should not be barred from accessing social media sites such as Facebook and Twitter. The 8-0 ruling effectively struck down a North Carolina law that made it a felony for a registered sex offender "to access a commercial social networking Web site where the sex offender knows that the … [Read more...]
Federal Judge Allows Water Lawsuit Against Flint to Continue
A federal judge indicated earlier this month that a lawsuit against the City of Flint and state officials could move forward. The suit claims that state and local officials exposed residents of Flint to bodily harm by hiding the fact that there was lead-contaminated water in the main water lines. In her lengthy opinion, US District Judge Judith E. … [Read more...]
Supreme Court Sides With Alabama Death Row Inmate
On June 19th, the Supreme Court ruled in favor of James McWilliams who was convicted of murder and sentenced to death by an Alabama trial court in 1984. The Court sided with McWilliams who argued that the trial court failed to provide adequate mental health expertise as is required by the Constitution. With a 5-4 decision, the highest court … [Read more...]
AHCA Could Make Bouncing From Job to Job Even Harder
In the past decade or so it has become increasingly common for working class Americans to move from job to job. This is a function of larger changes in the economy that governmental policy has tried to work around. The Affordable Care Act, for example, offers health care options for people in this very situation. For people who are bouncing between … [Read more...]
Trump Nominates Yet Another Corporate Representative
Earlier this month, Donald Trump nominated Jeffrey Bossert Clark to be an Assistant Attorney General for the Environment and Natural Resources at the Department of Justice, much to the chagrin of environmental activists. As a lawyer, Clark has actively argued against the scientific underpinnings of climate policy in the United States, most notably … [Read more...]
Administration Reverses Position in Major Labor Case
Last week, the Trump administration submitted an amicus brief to the Supreme Court that effectively reversed the administration’s position on arbitration agreements as originally stated in a petition for review, filed in 2016. The Office of the Solicitor General rarely changes its position on a major case like this, even if there’s a … [Read more...]
Gorsuch’s First Few Months as Justice of the Supreme Court
About two months after being sworn in, Justice Neil Gorsuch was formally welcomed to the high court with a formal investiture ceremony last week. In his first few months as Justice of the Supreme Court, he has offered the public a glimpse of what’s to come. Of course, the young (49-year old) justice already sat on over 2,700 panels during his … [Read more...]
Cutting Medicaid Could Hollow Out Addiction Treatment Programs
Ever since OxyContin hit the market in 1996, the opioid epidemic has caused extreme turmoil. In 2015, 33,000 people died as a result of opioid-related overdoses. And of the 20.5 million people suffering from substance abuse in that year, 2 million were addicted to opioid pain relievers. The crisis didn’t emerge out of a vacuum. In the late 1990s, … [Read more...]
The Proliferation of Anti-LGBTQ Laws
Over time, and through great struggle, federal law has been established to defend against discrimination based on sex, age, nationality, disability, religion or race in a variety of different forums, including housing, education, employment, voting rights, and access to public space. In certain states, people of varying sexual orientations and … [Read more...]
Six Michigan and Flint Officials Face Charges for Water Crisis
Michigan Attorney General Bill Schuette filed criminal charges against six current and former Michigan and Flint officials because of the roles they played in the water crisis that led to at least 12 deaths. The deaths were allegedly linked to a spreading of Legionnaires’ disease. Four of the six officials were charged with involuntary manslaughter … [Read more...]
Department of Education Reduces Protections and Streamlines Student-Loan Servicing
On Tuesday April 11th, Secretary of Education Betsy DeVos nullified three memos from Obama’s Department of Education. These memos which were meant to improve customer protections for borrowers and simplify the student-loan servicing industry. The memos – which were authored by John B. King Jr., Obama’s Secretary of Education, and Ted Mitchell, … [Read more...]
Justice Gorsuch Writes His First Opinion for the Supreme Court
Justice Neil Gorsuch delivered his first opinion this week, explicating the unanimous Court’s decision that the Fair Debt Collection Practices Act (FDCPA) does not apply to companies that have purchased debt in full with the intent to collect. A unanimous decision on a non-controversial case made this a suitable occasion for a first opinion – an … [Read more...]
American Leaders Become Increasingly Separated From Everyday People
In early April, United Airlines made headlines after a team of security officers dragged a man off a plane for refusing to leave his seat. The airline asked the man to leave because of a policy (shared by other airlines) that essentially allows for passengers to be kicked off a flight when the plane is overbooked. The incident was caught on several … [Read more...]
Florida Supreme Court Declares Caps on Non-Economic Damages Unconstitutional
Lawyers and victims of medical malpractice cases won a major victory last week when the Florida Supreme Court declared caps on non-economic damages to be unconstitutional. Reversing one of the major legislative victories of former Governor Jeb Bush, the Court found the caps to be arbitrary and concluded that they did not achieve the intended result … [Read more...]
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