Category:Uncategorized
Demonetize the Children
The Fair Labor Standards Act (“the Act”), enacted in 1938, protects public and private employees with a federal minimum wage, requirements for overtime pay, and youth employment standards. Despite protections established for children under the Act, children in the entertainment industry are expressly excluded from its protections. Instead, minors in the entertainment industry must rely on state regulation of their employment, which is often stricter and more protective than the Act. However, there is a massive loophole in that the entertainment industry in most states does not include child influencers and social media stars. With the increase in social media in the last decade, children in the social media sector are left in limbo about their rights and employment protections. State entertainment laws for minors must be extended to include the fast-growing number of children growing up in social media fame.
The Ableist and Racist Public Charge Rule
The Public Charge Rule perpetuates anti-immigrant sentiment and keeps poor, disabled migrants who were often Black, Brown, and ethnically oppressed out of the United States. It makes pathways to citizenship contingent upon wealth and the absence of disability. As the Autistic Self Advocacy Network puts it, the Public Charge Rule is a “clear echo of the racist and ableist policies of the eugenics era.”
Administration Matters: The Evolution of Cross-Examination Requirements under Title IX
On August 24, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR), released guidance clarifying that, effective immediately, it will stop the enforcement of 34 C.F.R. § 106.45(b)(6)(i). With this new guidance, a decision-maker at a post-secondary school may now consider outside information submitted by a survivor-complainant during the Title IX grievance process, even if the survivor-complainant does not partake in cross-examination.
Illinois Energy Code Compliance: A Lost Cause?
The International Code Council (ICC) originally adopted the International Energy Conservation Code (IECC) in 2000. The 2021 IECC addresses energy efficiency on several fronts including cost, energy usage, use of natural resources, and the impact of energy usage on the environment. As of June 2019, Illinois has adopted a statewide commercial and residential building code based off the 2018 IECC. This Illinois Energy Conservation Code (Illinois Energy Code) was implemented with the belief that buildings built in compliance with these energy performance standards would see annual energy costs reduced by approximately thirty percent.
Should The US Implement More Federal Data Privacy Laws
While the United States does have some federal data privacy regulations in place, the most comprehensive regulations exist at the state level with a degree of variation of protection from state to state. Recently, more conversations are being had about whether the United States should implement more federal data privacy laws. Proponents say they would likely use something equivalent to the European Union’s General Data Protection Regulation (GDPR), which focuses on regulating consumer data privacy and protecting consumers from data breaches. This is especially significant because states are taking matters into their own hands by passing state data privacy regulations that all vary slightly, which could become confusing for companies trying to be compliant with more than one.
Data Brokers: How Much is Your Fourth Amendment Right Worth?
The ability to purchase private data through commercial data brokers has become increasingly easy. Data brokers originally gained popularity as a way to assist marketing and advertisements, allowing companies to better communicate with their consumers. Lawmakers worry data brokers’ products have begun to cater towards law-enforcement, causing constitutional concerns.
Landmark Settlement for a Privacy Violation Brings Big-Tech to its Knees
On Friday, February 26, 2021, U.S. District Court Judge James Donato approved a 650 million-dollar settlement against tech giant Facebook for violating the Illinois Biometric Information Privacy Act. Chicago attorney Jay Edelson filed the class action lawsuit in 2015, alleging that Facebook had failed to obtain consent from users before using facial recognition technology to scan and digitally store uploaded photos.
New Body-Worn Camera Requirements in Effect for New Jersey Police
On June 1, 2021, a new policy went into effect in New Jersey, requiring police officers to wear body cameras. In November 2020, Governor Phil Murphy signed legislation mandating and regulating law enforcement officers’ use of body-worn cameras during encounters with the public. Specifically, the governor signed two bills: S1163 and A4312. The former establishes the requirement for officers to wear body-cameras, while the latter regulates their use. These bills have received support from both law enforcement officials and civilians.
Should the United States Government Continue Subsidizing the Fossil Fuel Industry?
In his proposed American Jobs Plan, President Biden has stated that if the United States wants to achieve its decarbonization targets and get climate change under control, cutting off government support to the fossil fuel industry is a crucial first step. Eliminating government subsidies for fossil fuels is the most logical step in fighting back against climate change, but Biden is facing an uphill battle to get his American Jobs Plan passed through Congress.
Abort Texas’ New Abortion Law
Under Roe v. Wade, the Supreme Court found that states could not create onerous requirements which interfered with a patient’s right to an abortion up to the point of viability of the fetus, which was around 24 weeks. However, Texas’ new law erodes that decision. On May 9, 2021, Texas Governor Greg Abbott signed Texas’ new abortion law commonly known as the fetal “heartbeat” bill, and on September 1, 2021, the Supreme Court refused to block Texas’ “heartbeat” bill. The new law bans abortions as soon as cardiac motion can be detected in the embryo, roughly six weeks into a pregnancy.
The “heartbeat” bill contradicts the purpose of standing and adversely impacts not only the patients but people working in the medical field, families and friends of the patients, people who support a person’s right to choose, and society as a whole. Congress cannot continue to idly sit by. Congress must codify the principles of Roe v. Wade to protect an individual’s right to health care.