AuthorTitleCitationSummaryYearType
Publisher's Editorial Staff § 6:12. Right to fair trial-Particular situations CRIMPRHB Criminal Procedure Handbook 6:12 (2023) The Seventh Circuit ruled in United States v. Harris that the district court did not violate due process by holding a jury trial in a drug conspiracy prosecution at the courthouse in the Northern District of Indiana during the COVID-19 pandemic, where, although the trial started during the initial wave of the pandemic, other judicial districts had... 2023 Law Review Articles and Other Secondary Sources
  ¶ 221,168 PROPOSED RULE, 88 FR 23506, APRIL 17, 2023 - HIPAA PRIVACY RULE TO SUPPORT REPRODUCTIVE HEALTH CARE PRIVACY Medicare Medicare and Medicaid Guide 221168 (2023) [88 FR 23506] 45 CFR Parts 160 and 164 RIN 0945AA20 AGENCY: Office for Civil Rights (OCR), Office of the Secretary, Department of Health and Human Services. ACTION: Notice of proposed rulemaking; notice of Tribal consultation. SUMMARY: The Department of Health and Human Services (HHS or Department) is issuing this notice of proposed rulemaking... 2023 Law Review Articles and Other Secondary Sources
  ¶ 242.20 DISPARATE IMPACT Empl. Employment Practices Guide 242.20 (2023) An employer defending a disparate impact claim under the Age Discrimination in Employment Act (ADEA) bears the burden of both production and persuasion for the reasonable factors other than age (RFOA) affirmative defense under 29 USC § 623(f)(1) because the ADEA's text and structure indicate that the RFOA exemption created an affirmative defense,... 2023 Law Review Articles and Other Secondary Sources
  ¶ 253.86 AGE DISCRIMINATION Empl. Employment Practices Guide 253.86 (2023) An employer defending a disparate impact claim under the Age Discrimination in Employment Act (ADEA) bears the burden of both production and persuasion for the reasonable factors other than age (RFOA) affirmative defense under 29 USC § 623(f)(1) because the ADEA's text and structure indicate that the RFOA exemption created an affirmative defense,... 2023 Law Review Articles and Other Secondary Sources
  ¶ 400,221 BEST PRACTICES FOR COVID-19 VACCINATION AND TESTING Food Food Drug Cosmetic Law Reporter 400221 (2023) ASPE Report, September 21, 2023. Prepared for The Office of the Assistant Secretary for Planning and Evaluation (ASPE) At the U.S. Department of Health and Human Services By Mathematica April 2023 The Assistant Secretary for Planning and Evaluation (ASPE) advises the Secretary of the U.S. Department of Health and Human Services (HHS) on policy... 2023 Law Review Articles and Other Secondary Sources
  ¶ 400,221 MISCELLANEOUS DOCUMENTS, SEPTEMBER 21, 2023 - BEST PRACTICES FOR COVID-19 VACCINATION AND TESTING Food Food Drug Cosmetic Law Reporter 400221 (2023) Prepared for The Office of the Assistant Secretary for Planning and Evaluation (ASPE) At the U.S. Department of Health and Human Services By Mathematica April 2023 The Assistant Secretary for Planning and Evaluation (ASPE) advises the Secretary of the U.S. Department of Health and Human Services (HHS) on policy development in health, disability,... 2023 Law Review Articles and Other Secondary Sources
  ¶ 62,613 OIG REPORT, OEI-05-20-00580, JULY 12, 2023 - TARGETED PROVIDER RELIEF FUNDS ALLOCATED TO HOSPITALS HAD SOME DIFFERENCES WITH RESPECT TO THE ETHNICITY AND RACE OF POPULATIONS SERVED Medicare Medicare and Medicaid Guide 62613 (2023) Ann Maxwell Deputy Inspector General for Evaluation and Inspections July 2023, OEI-05-20-00580 July 2023, OEI-05-20-00580 Communities with greater concentrations of Hispanic/Latino residents were generally associated with less 2020 COVID-19 targeted provider relief funding for hospitals than communities with lower concentrations. This funding... 2023 Law Review Articles and Other Secondary Sources
  ¶ 62,613 TARGETED PROVIDER RELIEF FUNDS ALLOCATED TO HOSPITALS HAD SOME DIFFERENCES WITH RESPECT TO THE ETHNICITY AND RACE OF POPULATIONS SERVED Medicare Medicare and Medicaid Guide 62613 (2023) ¶ 62,613. OIG Report, No. OEI-05-20-00580, July 12, 2023. Ann Maxwell Deputy Inspector General for Evaluation and Inspections July 2023, OEI-05-20-00580 July 2023, OEI-05-20-00580 Communities with greater concentrations of Hispanic/Latino residents were generally associated with less 2020 COVID-19 targeted provider relief funding for hospitals than... 2023 Law Review Articles and Other Secondary Sources
  ¶ 8983A INTERIM FINAL RULE: OCCUPATIONAL EXPOSURE TO COVID–19; EMERGENCY TEMPORARY STANDARD Empl. Employment Safety & Health Guide 8983A (2023) ¶ 8983a. 29 CFR Part 1910 [Docket No. OSHA-2020-0004] RIN 1218-AD36 AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Interim final rule; request for comments. SUMMARY: The Occupational Safety and Health Administration (OSHA) is issuing an emergency temporary standard (ETS) to protect healthcare and... 2023 Law Review Articles and Other Secondary Sources
Ed Oliver 2023 AL H.J.R. 163 (NS) 2023 Alabama House Joint Resolution No. 163, Alabama 2023 Regular Session (5/4/2023) SUMMARY: CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE. HJR163 INTRODUCED VBXMPV-1 By Representative Oliver RFD: RULES First Read: 04-May-23 2023 Regular Session VBXMPV-1 05/03/2023 EVP (L)evp 2023-1879 HJR___ CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE. WHEREAS, obesity and type 2 diabetes are significant health challenges in Alabama, which has the seventh highest adult obesity rate and the 12th highest childhood obesity rate in the nation; Alabama also has the third highest prevalence of diabetes in the nation, at 14 percent; the prevalence... 2023 Legislation (Proposed & Enacted)
Ed Oliver 2023 AL H.J.R. 163 (NS) 2023 Alabama House Joint Resolution No. 163, Alabama 2023 Regular Session (5/17/2023) SUMMARY: CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE. HJR163 ENROLLED VBXMPV-2 By Representative Oliver RFD: RULES First Read: 04-May-23 2023 Regular Session Enrolled, An Act, CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE. WHEREAS, obesity and type 2 diabetes are significant health challenges in Alabama, which has the seventh highest adult obesity rate and the 12th highest childhood obesity rate in the nation; Alabama also has the third highest prevalence of diabetes in the nation, at 14 percent; the prevalence of diabetes has increased... 2023 Legislation (Proposed & Enacted)
Ed Oliver 2023 AL H.J.R. 163 (NS) 2023 Alabama House Joint Resolution No. 163, Alabama 2023 Regular Session (5/25/2023) SUMMARY: CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE. HJR163 ENROLLED ACT #2023-260 VBXMPV-2 By Representative Oliver RFD: RULES First Read: 04-May-23 2023 Regular Session Enrolled, An Act, CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE. WHEREAS, obesity and type 2 diabetes are significant health challenges in Alabama, which has the seventh highest adult obesity rate and the 12th highest childhood obesity rate in the nation; Alabama also has the third highest prevalence of diabetes in the nation, at 14 percent; the prevalence of diabetes has... 2023 Legislation (Proposed & Enacted)
Ed Oliver 2023 AL H.J.R. 36 (NS) 2023 Alabama House Joint Resolution No. 36, Alabama 2023 Regular Session (3/23/2023) SUMMARY: CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE. HJR36 INTRODUCED I5LE66-1 By Representatives Oliver, Hurst, Whorton, Marques, Lipscomb, Rehm, Harrison, Sorrells, Brown, Smith, Wadsworth, Underwood, Rigsby, Estes, Moore (P), Hall, Wilcox, Shaw, Morris, Rogers, Moore (M) RFD: RULES First Read: 23-Mar-23 I5LE66-1 03/21/2023 EVP (L)evp 2023-1055 HJR___ CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE. WHEREAS, obesity and type 2 diabetes are significant health challenges in Alabama, which has the seventh highest adult obesity rate and the 12th... 2023 Legislation (Proposed & Enacted)
Mike Fong (A) , Ting (A), Low (A) , Stephanie Nguyen (A) 2023 CA A.B. 1354 (NS) 2023 California Assembly Bill No. 1354, California 2023-2024 Regular Session (2/16/2023) SUMMARY: An act to amend Section 51226.3 of the Education Code, relating to pupil instruction. CALIFORNIA LEGISLATURE--2023-24 REGULAR SESSION ASSEMBLY BILL No. 1354 Introduced by Assembly Members Mike Fong and Ting (Coauthors: Assembly Members Low and Stephanie Nguyen) February 16, 2023 An act to amend Section 51226.3 of the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGEST AB 1354, as introduced, Mike Fong. Pupil instruction: Asian Americans and Pacific Islanders. Existing law requires the State Department of Education to incorporate materials relating to civil... 2023 Legislation (Proposed & Enacted)
Mike Fong (A) , Ting (A), Kalra (A) , Low (A) , Min (S) , Stephanie Nguyen (A) 2023 CA A.B. 1354 (NS) 2023 California Assembly Bill No. 1354, California 2023-2024 Regular Session (4/3/2023) SUMMARY: An act to amend Section 51226.3 of the Education Code, relating to pupil instruction. AMENDED IN ASSEMBLY APRIL 3, 2023 CALIFORNIA LEGISLATURE--2023-24 REGULAR SESSION ASSEMBLY BILL No. 1354 Introduced by Assembly Members Mike Fong and Ting (Coauthors: Assembly Members Low Kalra, Low, and Stephanie Nguyen) (Coauthor: Senator Min) February 16, 2023 An act to amend Section 51226.3 of the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGEST AB 1354, as amended, Mike Fong. Pupil instruction: Asian Americans and Pacific Islanders. Existing law requires the State... 2023 Legislation (Proposed & Enacted)
Mike Fong (A) , Ting (A), Muratsuchi (A), Kalra (A) , Lee (A) , Low (A) , Min (S) , Stephanie Nguyen (A) 2023 CA A.B. 1354 (NS) 2023 California Assembly Bill No. 1354, California 2023-2024 Regular Session (8/21/2023) SUMMARY: An act to amend Section 51226.3 of the Education Code, relating to pupil instruction. Assembly Bill No. 1354 Passed the Assembly May 4, 2023 __________________________________ Chief Clerk of the Assembly Passed the Senate August 17, 2023 __________________________________ Secretary of the Senate This bill was received by the Governor this _____ day of ______________, 2023, at _____ o'clock ___M. __________________________________ Private Secretary of the Governor CHAPTER ________ An act to amend Section 51226.3 of the Education Code, relating to pupil instruction. LEGISLATIVE... 2023 Legislation (Proposed & Enacted)
Mike Fong (A) , Ting (A), Muratsuchi (A), Kalra (A) , Lee (A) , Low (A) , Min (S) , Stephanie Nguyen (A) 2023 CA A.B. 1354 (NS) 2023 California Assembly Bill No. 1354, California 2023-2024 Regular Session (9/1/2023) SUMMARY: An act to amend Section 51226.3 of the Education Code, relating to pupil instruction. Assembly Bill No. 1354 CHAPTER 140 An act to amend Section 51226.3 of the Education Code, relating to pupil instruction. [Approved by Governor September 1, 2023. Filed with Secretary of State September 1, 2023.] LEGISLATIVE COUNSEL'S DIGEST AB 1354, Mike Fong. Pupil instruction: Asian Americans and Pacific Islanders. Existing law requires the State Department of Education to incorporate materials relating to civil rights, human rights violations, genocide, slavery, and the Holocaust into publications... 2023 Legislation (Proposed & Enacted)
Addis (A), Aguiar-Curry (A) 2023 CA A.C.R. 4 (NS) 2023 California Assembly Concurrent Resolution No. 4, California 2023-2024 Regular Session (1/17/2023) SUMMARY: Relative to Positive Parenting Awareness Month. CALIFORNIA LEGISLATURE--2023-24 REGULAR SESSION Assembly Concurrent Resolution No. 4 Introduced by Assembly Member Addis (Coauthor: Assembly Member Aguiar-Curry) January 17, 2023 Assembly Concurrent Resolution No. 4--Relative to Positive Parenting Awareness Month. LEGISLATIVE COUNSEL'S DIGEST ACR 4, as introduced, Addis. Positive Parenting Awareness Month. This measure would declare the month of January 2023 as Positive Parenting Awareness Month in California. Fiscal committee: no. WHEREAS, Raising children and youth in California to... 2023 Legislation (Proposed & Enacted)
Addis (A), Aguiar-Curry (A) , Alanis (A) , Alvarez (A) , Arambula (A) , Bains (A) , Bennett (A) , Berman (A) , Boerner Horvath (A) , Bonta (A) , Bryan (A) , Juan Carrillo (A) , Wendy Carrillo (A) , Cervantes (A) , Chen (A) , Connolly (A) , Megan Dahle (A) 2023 CA A.C.R. 4 (NS) 2023 California Assembly Concurrent Resolution No. 4, California 2023-2024 Regular Session (4/21/2023) SUMMARY: Relative to Positive Parenting Awareness Month. Assembly Concurrent Resolution No. 4 Adopted in Assembly January 30, 2023 __________________________________ Chief Clerk of the Assembly Adopted in Senate April 20, 2023 __________________________________ Secretary of the Senate This resolution was received by the Secretary of State this _____ day of ______________, 2023, at _____ o'clock ___M. __________________________________ Deputy Secretary of State RESOLUTION CHAPTER ________ Assembly Concurrent Resolution No. 4--Relative to Positive Parenting Awareness Month. LEGISLATIVE COUNSEL'S... 2023 Legislation (Proposed & Enacted)
Addis (A), Aguiar-Curry (A) , Alanis (A) , Alvarez (A) , Arambula (A) , Bains (A) , Bennett (A) , Berman (A) , Boerner Horvath (A) , Bonta (A) , Bryan (A) , Wendy Carrillo (A) , Juan Carrillo (A) , Cervantes (A) , Chen (A) , Connolly (A) , Megan Dahle (A) 2023 CA A.C.R. 4 (NS) 2023 California Assembly Concurrent Resolution No. 4, California 2023-2024 Regular Session (5/3/2023) SUMMARY: Relative to Positive Parenting Awareness Month. Assembly Concurrent Resolution No. 4 RESOLUTION CHAPTER 37 Assembly Concurrent Resolution No. 4--Relative to Positive Parenting Awareness Month. [Filed with Secretary of State May 3, 2023.] LEGISLATIVE COUNSEL'S DIGEST ACR 4, Addis. Positive Parenting Awareness Month. This measure would declare the month of January 2023 as Positive Parenting Awareness Month in California. WHEREAS, Raising children and youth in California to become healthy, confident, capable individuals is the most important job parents and caregivers have as their... 2023 Legislation (Proposed & Enacted)
  2023 CONG US HRES 185 118th CONGRESS, 1st Session (2/28/2023) Declaring racism a public health crisis. Mrs. Hayes (for herself and Mr. Cardenas) submitted the following resolution; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned Declaring racism a public health crisis. Whereas since the Nation's founding, the United States has had a longstanding history and legacy of racism, mistreatment, and discrimination against African... 2023 Legislation (Proposed & Enacted)
Conference Committee 2023 MA H.B. 4040 (NS) 2023 Massachusetts House Bill No. 4040, The 193rd General Court of the Commonwealth of Massachusetts (8/9/2023) SUMMARY: An Act making appropriations for the fiscal year 2024 for the maintenance of the departments This document is still being worked on to include the Governor's actions and any subsequent legislative action. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately make appropriations for the fiscal year beginning July 1, 2023, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law,... 2023 Legislation (Proposed & Enacted)
  2023 NY A.B. 7828 (NS) 2023 New York Assembly Bill No. 7828, New York Two Hundred Forty-Sixth Legislative Session (6/23/2023) SUMMARY: LUCAS Enacts the New York State American Freedmen Equity Task Force on Reparations Remedies Act"; acknowledges New York state's role in the fundamental injustice and inhumanity of the institution of slavery; establishes the New York State American Freedmen Equity Task Force on Reparations Remedies; examines all aspects of slavery 2023 Legislation (Proposed & Enacted)
Stewart 2023 RI H.B. 6399 (NS) 2023 Rhode Island House Bill No. 6399, Rhode Island 2023 Legislative Session (5/12/2023) SUMMARY: This act would establish a universal, comprehensive, affordable single-payer health care insurance program and help control health care costs, which would be referred to as, the Rhode Island Comprehensive Health Insurance Program" (RICHIP). The program would be paid for by consolidating government and private payments to multiple insurance carriers into a more economical and efficient improved Medicare-for-all style single-payer program and substituting lower progressive taxes for higher health insurance premiums 2023 Legislation (Proposed & Enacted)
Ciccone 2023 RI S.B. 572 (NS) 2023 Rhode Island Senate Bill No. 572, Rhode Island 2023 Legislative Session (3/7/2023) SUMMARY: This act would establish a universal, comprehensive, affordable single-payer health care insurance program and help control health care costs, which would be referred to as, the Rhode Island Comprehensive Health Insurance Program" (RICHIP). The program would be paid for by consolidating government and private payments to multiple insurance carriers into a more economical and efficient improved Medicare-for-all style single-payer program and substituting lower progressive taxes for higher health insurance premiums 2023 Legislation (Proposed & Enacted)
Livia Stahle A PUBLIC BANKING OPTION AS A VIABLE SOLUTION TO COUNTER THE RACIAL ECONOMIC INEQUALITY PERPETUATED BY PREDATORY OVERDRAFT FEE SCHEMES 27 U.C. Davis Social Justice Law Review 163 (Summer, 2023) C1-2Table of Contents Introduction. 165 I. Corporate Reliance on Exploitative Overdraft Practices and the Harm to Low-Income Individuals and People of Color. 169 A. The Emergence of Megabanks and Overdraft Fees as a Profit Machine. 170 B. Deceptive Practices. 173 1. Unreasonable Fees. 174 2. Multiple Fees Per Day and Sustained Overdraft Fees. 175... 2023 Law Review Articles and Other Secondary Sources
Allison M. Whelan* AGGRAVATING INEQUALITIES: STATE REGULATION OF ABORTION AND CONTRACEPTION 46 Harvard Journal of Law & Gender 131 (Winter, 2023) Each year in the United States, pervasive inequities in health-care access and health outcomes contribute to tens of thousands of excess deaths among communities of color and other historically marginalized and vulnerable populations. Tragically, even that number may be a conservative estimate. These inequities transpire from structural barriers... 2023 Law Review Articles and Other Secondary Sources
  AL LEGIS 2023-260 H.J.R. No. 163 2023 Alabama Laws Act 2023-260 (H.J.R. 163) (Approved May 25, 2023) By: Representative OliverEnrolled, An Act, CREATING THE CHRONIC WEIGHT MANAGEMENT AND TYPE 2 DIABETES TASK FORCE.WHEREAS, obesity and type 2 diabetes are significant health challenges in Alabama, which has the seventh highest adult obesity rate and the 12th highest childhood obesity rate in the nation; Alabama also has the third highest prevalence of diabetes in the nation, at 14 percent; the prevalence of diabetes has increased steadily since 1990, when only 6.1 percent of Alabamians had diabetes; today, all but one of Alabama's 67 counties have a rate of diabetes prevalence above the... 2023 Legislation (Proposed & Enacted)
Danny Y. Li ANTISUBORDINATING THE SECOND AMENDMENT 132 Yale Law Journal 1821 (April, 2023) After over a decade of silence, and fourteen years since its landmark decision in District of Columbia v. Heller, the Supreme Court has fundamentally expanded and reshaped Second Amendment protection once again in New York State Rifle & Pistol Ass'n v. Bruen. In light of the Court's decision in Bruen--and the role of race-based arguments in its... 2023 Law Review Articles and Other Secondary Sources
Robert Sellers Smith and Adele Turgeon Smith Appendix B-2. Numerical List of Federal Tax Return Forms and Related Forms DITAXWTDB West's Tax Law Dictionary B-2 (2023)   2023 Law Review Articles and Other Secondary Sources
Norrinda Brown BLACK LIBERTY IN EMERGENCY 118 Northwestern University Law Review 689 (2023) Abstract--COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns--criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most... 2023 Law Review Articles and Other Secondary Sources
Abbye Atkinson BORROWING AND BELONGING 111 California Law Review 1369 (October, 2023) Both formal policies and informal norms encourage a consumerist vision of American belonging, with credit/debt as a primary means of consumption. Consequently, debt-based consumption implicates dignity in the American market society. In contrast, current national credit/debt policies and norms, as best exemplified in the Bankruptcy Code's... 2023 Law Review Articles and Other Secondary Sources
  Brief for Respondent James V. Mcdonald Docket Number - No. 22-757. (4/27/2023) * Counsel of Record. FN* AU websites last visited April 27, 2023 The New York State Department of Health (NYSDOH) is a state agency empowered by the legislature to supervise the reporting... 2023 Briefs
  Brief in Opposition for Respondent Department of Health and Mental Hygiene of the City of New York Docket Number - No. 22-757. (4/25/2023) Counsel of Record. A consistent and well-established truth through-out the COVID-19 pandemic has been that certain racial and ethnic minorities have had a higher risk of severe illness or... 2023 Briefs
  Brief of the Lawyers' Committee for Civil Rights Under Law and 21 Other Organizations as Amici Curiae in Support of Petitioners Docket Number - Nos. 22-506, 22-535. (1/11/2023) * Admitted in Pennsylvania only. Practice limited to matters before federal courts. ** Practice is supervised by one or more D.C. Bar members; admitted to the Bar under D.C. App. R. 46-A... 2023 Briefs
  Brief of the Lawyers' Committee for Civil Rights Under Law as Amicus Curiae in Support of No Party Docket Number - Nos. 22-277, 22-555. (12/7/2023) * Admitted in Pennsylvania only; practice limited to matters before federal courts. FN1. No counsel for a party authored this brief in whole or in part. No person or entity, other than... 2023 Briefs
  Brief of the National Association of Criminal Defense Lawyers and American Civil Liberties Union Foundation as Amici Curiae in Support of Appellant Docket Number - No. 22-2845. (7/6/2023) * Counsel not admitted to Third Cir. Bar Amici Curiae the National Association of Criminal Defense Lawyers and American Civil Liberties Union Foundation are non-profit entities that do not... 2023 Briefs
  CA LEGIS 140 (2023) A.B. No. 1354 2023 Cal. Legis. Serv. Ch. 140 (A.B. 1354) (WEST) (Filed with Secretary of State September 1, 2023) AN ACT to amend Section 51226.3 of the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGESTAB 1354, Mike Fong. Pupil instruction: Asian Americans and Pacific Islanders.Existing law requires the State Department of Education to incorporate materials relating to civil rights, human rights violations, genocide, slavery, and the Holocaust into publications that provide examples of curriculum resources for teacher use, consistent with the subject frameworks on history and social science and other requirements. Existing law establishes the Instructional Quality Commission and... 2023 Legislation (Proposed & Enacted)
Cecily Fuhr, Esq. Cause of Action for Discharge from Employment in Retaliation for Exercise of Rights Protected by Title VII, 42 U.S.C.A. §§ 2000e to 2000e-17 61 Causes of Action Second Series 229 (2023) This article discusses a cause of action by a plaintiff employee against an employer acting in violation of Title VII's antiretaliation provision. 42 U.S.C.A. § 2000e-3. A Title VII retaliation action arises when the employer has taken an adverse employment action against the plaintiff motivated by the plaintiff's exercise of rights protected by... 2023 Law Review Articles and Other Secondary Sources
Ming Hsu Chen COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP 44 Cardozo Law Review 945 (February, 2023) Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... 2023 Law Review Articles and Other Secondary Sources
Alden Piper CONTEXT MATTERS: HOW THE EUROPEAN COURT OF HUMAN RIGHTS CAN INFORM A MORE NUANCED APPROACH TO REGULATING HATE SPEECH UNDER THE FIRST AMENDMENT 41 Boston University International Law Journal 365 (Summer, 2023) America has a long and ongoing history of violence aimed at minorities and historically marginalized groups. This violence has been perpetrated by state and local governments, high-ranking political officials, United States Congress, mass movements, small groups, and individuals. Violence is not created in a vacuum, and hatred towards these groups... 2023 Law Review Articles and Other Secondary Sources
Magali Duque CONTRACTING FOR DEBT: THE RELATIONSHIP BETWEEN DEBT CAPITALISM, HIGHER EDUCATION, AND THE BLACK-WHITE WEALTH GAP 58 Harvard Civil Rights-Civil Liberties Law Review 415 (Winter, 2023) This Note explores the relationship between contractual parties in the credit market, as shaped by debt capitalism, through a brief history of slavery, peonage, and credit/debt legislation. Debt capitalism is a racially exclusionary system--stemming from slavery--in which asset acquisition, facilitated by working to pay debt, (1) is a requirement... 2023 Law Review Articles and Other Secondary Sources
Jay M. Zitter, J.D. COVID-19 Related Litigation: Effect of Pandemic on Release from State and Local Custody 54 American Law Reports ALR7th 2020) (2023) Merely because someone is incarcerated, whether before or after trial, conviction, or sentencing, does not mean that prison authorities have the right to expose them to deadly dangers. But this is exactly what many prisoners claim is happening when they are forced to remain in jail despite the grave and overwhelming dangers of the COVID-19... 2023 Law Review Articles and Other Secondary Sources
Patrick D. N. Perkins CRISIS LEGISLATION: ANALYZING THE NOBLE QUEST OF THE PAYCHECK PROTECTION PROGRAM TO SAVE SMALL BUSINESSES 101 Nebraska Law Review 945 (2023) In early 2020, the rapid global spread of the novel COVID-19 virus launched the United States, along with the rest of the world, into simultaneous health and financial crises. Emergency measures implemented to slow the spread of the virus also brought many sectors of the economy to a screeching halt. The U.S. Congress passed the CARES Act, a $2.2... 2023 Law Review Articles and Other Secondary Sources
Vincent Jones CRUEL AND UNUSUAL PUNISHMENT: HOW THE ONGOING WAR ON DRUGS AND DISCRIMNATION IN HEALTHCARE CREATED A VIABLE EIGHTH AMENDMENT CLAIM FOR BLACK INMATES DURING THE COVID-19 PANDEMIC 33 Health Matrix: Journal of Law-Medicine 537 (2023) C1-2Contents Introduction. 538 Part I: The War on Drugs and its Targeted Attack on the Black Community. 539 a. The Key Policies of the War. 542 b. Militarized Policing and Drug Raids. 543 c. The Power of Prosecutors and the Supreme Court. 545 d. The Difficulties of Life After Prison. 547 e. The War on Drugs is Ongoing. 548 Part II: The Impact of... 2023 Law Review Articles and Other Secondary Sources
Robyn M. Powell DISABILITY REPRODUCTIVE JUSTICE DURING COVID-19 AND BEYOND 72 American University Law Review 1821 (June, 2023) The United States is experiencing the convergence of two crises threatening the reproductive freedom of people with disabilities and other historically marginalized groups: the COVID-19 pandemic and a rising assault on reproductive rights, including the U.S. Supreme Court's recent Dobbs v. Jackson Women's Health Organization decision. This... 2023 Law Review Articles and Other Secondary Sources
Jimmie E. Tinsley, J.D. Discrimination in Jury Selection-Systematic Exclusion or Underrepresentation of Identifiable Group 9 American Jurisprudence Proof of Facts 2d 407 (2023) The right to a trial by jury is fundamental in nature, and is guaranteed by federal and state constitutions, statutes, and court rules. With respect to criminal defendants, the right to a jury trial is guaranteed in both federal and state prosecutions by virtue of Article 3, Section 2, and the Sixth and Fourteenth Amendments to the United States... 2023 Law Review Articles and Other Secondary Sources
By Jason Albright, J.D. DISCRIMINATION-M.D. GA.: AFRICAN-AMERICAN ADMINISTRATIVE ASSISTANT, RIF'D DURING PANDEMIC, FAILED TO PROVE RACE, DISABILITY DISCRIMINATION 2023 Wolters Kluwer Employment Law Daily 5966428 (9/14/2023) Being afraid of coronavirus in some vague sense is not enough The Board of Trustees of the Georgia Military College is entitled to summary judgment against the Title VII race discrimination and Rehabilitation Act discrimination and retaliation claims of an African-American former administrative assistant who was terminated during a June 2020... 2023 Law Review Articles and Other Secondary Sources
By Kathleen Kapusta, J.D. DISCRIMINATION-RACE-E.D. PA.: BLACK SCHOOL EMPLOYEES, FIRED FOR REFUSING COVID VACCINE, ADVANCE DISPARATE TREATMENT AND IMPACT CLAIMS 2023 Wolters Kluwer Employment Law Daily 4833894 (7/28/2023) The plaintiffsfive of whom were Blackalleged that the firing of the white employee was an attempt to camouflage [Defendant's] racist motive behind the firing of the five other employees. While six former Overbrook School for the Blind employees, who were fired for refusing to comply with the school's COVID-19 vaccine mandate, failed to advance... 2023 Law Review Articles and Other Secondary Sources
  Dor v. TD Bank Slip Copy, United States District Court, D. New Jersey. Docket Number - 2:21-CV-18955 (BRM) (LDW) (12/29/2023) Before the Court is Defendants TD Bank, N.A. (TD Bank), Lenore H. Gordon (Ms. Gordon), and Keith Nisbet's (Mr. Nisbet) (collectively, Defendants) Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. (ECF No. 47.) Pro se Plaintiff Terry P. Dor (Plaintiff)... 2023 Cases
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