vLex United States
Diverse Issues in Higher Education
Mar 25, 2017 12:02 PM
Supreme Court rules that Sentencing Guidelines not subject to void for vagueness doctrine
The United States Supreme Court has ruled that The United States Sentencing Guidelines are not subject to the void for vagueness doctrine as the sentencing guidelines are not fixed law, but rather an allowed range which allows for judiciary discretion. See Decision.
Mar 24, 2017 11:18 PM
Supreme Court finds Virginia redistricting plan must be reconsidered
The United States Supreme Court has found that a redistricting plan in Virginia must be reconsidered for potential racial bias. The Court found that determining whether or not race predominated in the districts, the district court had not used the proper standard. See Decision.
Mar 24, 2017 11:13 PM
California Supreme Court finds public right to official emails even if found on personal devices
The Supreme Court of California has rule don the issue of public employees emails on their personal phones and other electronic devises. The Court found that if those emails relate in some substantive way to the conduct of the public’s business then they should be available to the public, even if they were sent on personal phones. See Decision.
Mar 24, 2017 11:11 PM
Kansas Supreme Court finds state did not provide adequate funding to public schools
The Supreme Court of Kansas has found that the state did not act properly in order to ensure that public schools have sufficient funding and resources. In this finding the Court provided that if the problem was not remedied by summer 2017, the school system will no longer be allowed to operate as it does not meet the requirements of the state constitution. See Decision.
Mar 24, 2017 11:06 PM
Decision striking down Delaware's Estimation Method for auditing unclaimed property to stand as parties settle
On Aug. 5, 2016, Delaware and the unclaimed property holder in Temple-Inland, Inc. v. Thomas Cook, filed a joint motion to dismiss the case with prejudice, after reaching a settlement agreement. The voluntary settlement agreement "hilly and finally resolves all claims" in the case. Therefore, the case will not be appealed to the Third Circuit by the state, as was originally anticipated. See Article.
Mar 24, 2017 11:01 PM
Florida Court affirms strict scrutiny to be applied to mandatory delay law
The Florida Supreme Court has upheld a lower court decision finding that a mandatory delay law requiring women in the state to wait 24 hours before terminating a pregnancy must be analyzed under the framework of strict scrutiny. As the law deals with a fundamental right of privacy, strict scrutiny must be applied. See Decision.
Mar 24, 2017 10:58 PM
5th Circuit remands disability case
The 5th Circuit Court has vacated and remanded a denial of social security disability benefits after a finding that the lower court judge did not take into account the opinion of an examining physician and additionally did not provide explanation of this decision. See Decision.
Mar 24, 2017 10:53 PM
Alaska Supreme Court upholds rebate distribution as legislative intent
The Supreme Court of Alaska has upheld the decision of a local municipality in distributing rebates at a lower schedule as provided by ordinance. The Court found that although ordinance language may be lacking, the legislative intent supports the conclusion. See Decision.
Mar 24, 2017 10:49 PM
National Right to Life News
Mar 24, 2017 12:02 PM
Stanford Law Review
Mar 24, 2017 12:02 PM
Mar 24, 2017 12:02 PM
Mar 24, 2017 12:02 PM
Lewiston Dam water release was not an improper use of authority
The 9th Circuit Court has found that a water release from the Lewiston Dam was not an improper use of authority and was not in violation of the Central Valley Project Improvement Act, where excess water was released above the approved amount in the release schedule in order to prevent an unforeseen large population decline of salmon. See Decision.
Mar 23, 2017 10:57 PM
Court vacates decision on incentive plan under Automobile Protection Corp deal
The First Circuit Court has vacated the decision in an employment dispute finding that the lower court had improperly found that under the Automobile Protection Corp. deal if the plaintiff had an incentive plan at the formation of the deal that the defendant no longer had discretion to change the incentive plan under that deal. See Decision.
Mar 23, 2017 10:53 PM
Court finds error in application of covered business method
A federal circuit court has vacated a judgment which had found that that a computer security patent was under the covered business method. The circuit court found that the lower court had improperly characterized the scope under the covered business method and that with proper application the patent did not fall under the definition of covered business method. See Decision.
Mar 23, 2017 10:50 PM
Court finds New Cingular did not follow proper state procedure in refund case
The Court has decided against New Cingular Wireless in an appeal of a refund request denial. They affirmed the lower court decision finding that the company did not follow state procedures, which had required the company to first issue the refunds to customers for the improperly collected monies. See Decision.
Mar 23, 2017 10:46 PM
Uber class action settlement reached
A class action settlement has been reached between the company Uber and patrons of the company. The suit alleged that the company used deceptive tipping practices by not telling customers that less than 100% of tips went to drivers. The settlement calls for a refund of all tip money that was taken by the company using these practices. See Settlement Order.
Mar 23, 2017 10:44 PM
Ban on topless women struck down in Fort Collins
A ban on topless women in Fort Collins has been struck down. The judge found that the statute prohibiting topless women to perpetuate the thought that female breasts are objects of sexual desire, and additionally that the statute discriminates against women. See Decision.
Mar 23, 2017 10:41 PM
Missouri Supreme Court upholds St. Louis minimum wage increase
The Missouri Supreme Court has upheld the proposed St. Louis minimum wage raise for 2018. The increase will raise the hourly wage to $11.00 per hour. The Court found that the city did have the proper authority given to them in the city charter to make the wage increase. See Decision.
Mar 23, 2017 10:37 PM
Pennsylvania Court rules trans-gendered students may use the bathroom with which they identify
A District Court in Pennsylvania has ruled in favor of three transgendered students and found that their schools must require them to use the bathroom with which they identify. The decision comes as a preliminary injunction which will prevent the enforcement of a school policy which would have prohibited that conduct. See Decision.
Mar 23, 2017 10:36 PM
Bill proposes to deal with changes after Arkansas medical marijuana approval
A bill backed by the Arkansas State Chamber of Commerce to amend the state's new medical marijuana law has been filed. The bill is a workplace bill which defines certain terms and would provide protections for employers under the new medical marijuana framework. See Article.
Mar 22, 2017 11:56 PM
Draft bill proposes amendments to EPA Act
The Department of Planning and Environment has published a public consultation draft Bill (Draft Bill) amending the Environmental Planning and Assessment Act 1979 (EPA Act). The bill includes new mandatory community participation requirements and public hearing requirements. See Article.
Mar 22, 2017 11:55 PM
Bill introduced to state of Washington to amend inducement laws for insurance companies
On January 18, 2017, the Washington state Senate introduced SB 5242, a bill to amend its anti-rebating and inducement laws to allow an insurer or insurance producer to offer goods or services, whether or not they are directly related to an insurance contract, for free or for less than fair market value, so long as the receipt of the goods or services is not contingent upon the purchase of insurance. See Article.
Mar 22, 2017 11:50 PM
Changes proposed to sales tax under New York Budget
On January 16, Governor Cuomo introduced the 2018 New York State Executive Budget Legislation. The bill proposes a number of changes to the New York State sales tax law. The governor's bill proposes to impose sales tax registration and collection requirements, traditionally imposed on vendors, on "marketplace providers." See Article.
Mar 22, 2017 11:42 PM
Bill proposed to FL legislature which would create a claim of negligence relating to abortion procedures
A bill creating a separate cause of action for negligence in the context of an abortion procedure and a strict liability action for emotional distress resulting from an abortion procedure has been filed with the Florida Legislature for the 2017 session as House Bill 19. The bill would create a direct cause of action for negligence outside of the current medical malpractice framework contained in Chapter 766. See Article.
Mar 22, 2017 11:41 PM
Amendments proposed to American Health Care Act
Two new amendments have been proposed to the American Health Care Act (AHCA.) The amendments propose multiple small changes; however it also provides that the previous health care taxes will no longer be repealed until a later term, not in 2017. See Amendments.
Mar 22, 2017 11:40 PM
Maryland House approves legislation which would limit police officer's ability to probe on immigration issues
The Maryland House has voted to approve legislation would have prohibit police officers in the state from inquiring into the immigration status of individuals that they arrest. It would also prohibit officers from stopping individuals for the purpose of investigation immigration violations. See Bill.
Mar 22, 2017 11:36 PM
FBI Director confirms investigation into allegations of Russian involvement in elections
James Comey, the director of the Federal Bureau of Investigation (FBI), has confirmed that there is an open investigation into whether the Russian government was involved in the recent elections. See Video.
Mar 22, 2017 11:34 PM
Claims challenging local uranium mining ban dismissed
The 4th Circuit Court has affirmed a lower court decision dismissing a claim challenging a ban on uranium mining until an appropriate program for such mining is established under statute, where the Atomic Energy Act does not preempt state regulations of the activity. See Decision.
Mar 22, 2017 12:28 AM