Category:Uncategorized
Is the ACA Unconstitutional (Again)?
Before the Affordable Care Act (“ACA”) was passed, critics exclaimed that the government had no right to interfere in a citizen’s healthcare. When it was passed, the requirement that every American purchase health insurance caused America to scramble to comply. However, in a year all the critics might be silenced. Recently, Congress repealed the individual mandate’s tax penalty. How will Americans comply with the new act?
ABA Rule 8.4(g): States Concerned that Anti-Discriminatory Intent Not Balanced with Constitutional Concerns
Arizona and Idaho are the most recent in a long line of states declining to adopt the American Bar Association’s (ABA) new Model Rule 8.4(g), which is being called the “anti-discrimination” rule. This rule was adopted by the ABA to specifically address harassment and discrimination based on race, religion, sex, disability, and LGBTQ status in all conduct related to the practice of law. However, because of the broad construction and application of the rule, many states and attorneys have concerns that compliance with this anti-discrimination rule will infringe on their First Amendment rights of freedom of speech and religion.
Compliance in the Age of #MeToo
Last year the #MeToo movement swept across the country, sparking national attention and debate. Fast forward 11 months and we still grapple with breaking news which exposes the next unsuspecting top executive of workplace misconduct. Victims are finally breaking their silence, leading corporations to reassess corporate culture. In this modern age, compliance is not enough. Corporations might need to reconsider decades old written policies and training programs to ensure safety, success, and growth in the workplace.
Battle Over Pesticide Bans and the Rising Ethical Concerns in Shifting EPA Perspectives
The battle over pesticide use has long plagued the agricultural sector. The legal challenges to the use of chlorpyrifos has created a debate about how to protect our agricultural system and the harm caused by these dangerous chemicals. A lawsuit was filed based on the EPA’s failure to follow advice of their own scientists. The battle over the use of certain pesticides, and the shifting focus of the EPA has created concerns over the ethical standards of officials in key positions.
CCPA Paving the Way For State Law’s Privacy Policy
After Equifax, one of the largest credit reporting agencies, leaked 143 million people’s personal information in 2017, many state legislators scramble to regulate how businesses collect, protect, and use customer’s personal information.
Battle in Arizona to Adjust State Water Use Regulations as Climate Change Causes Supplies to Dwindle
On March 14, 2018, the United States Department of Agriculture officially designated twelve Arizona Counties as primary natural disaster areas on account of agricultural loses brought on by intensifying drought. Despite being one the hottest and driest states in the nation, the state is one of the most agriculturally productive, sustaining a multi-billion dollar industry. As drought threatens this economic boon, competing interest groups petition the state legislature to adjust water-use regulations that have failed to stem shortages.
Regulatory Rollbacks: Changing the Career Education System
In a world where students are swimming in debt, the Education Department has made an effort to regulate career education and ensure students receive a quality education. During the Obama Administration, rules were implemented that require educational institutions to prove they are preparing graduates for gainful employment. In addition, the borrower defense rule allows for federal student loan forgiveness when the student can prove their institution misled them relating to the loan or education services provided. With so many students in debt, what is the appropriate standard of review to apply when determining these regulations?
Black Market Midwifery: Lack of Regulation Compromises the Safety of Women Who are Committed to Giving Birth Outside the Hospital Setting
Across the United States more and more women are choosing to give birth outside of hospitals. Currently, in Illinois, Certified Professional Midwives are not licensed to provide home birth services. However, over the last decade, advocates in Illinois have urged lawmakers to reconsider this restriction. The most recent attempt in 2017 was unsuccessful once again. While opponents argue that individuals with this level of training should not be providing care to women during delivery, the choice for women who are committed to home birth is not between home and the hospital. It is between home and an illegal or unassisted delivery.
DeVos’ Deregulation Attempt Fails as Judge Upholds Borrower Defense Rules
A new set of student loan forgiveness regulations introduced earlier this year aimed to hack away at “borrower-defense” protections which shielded students from predatory loan practices by for-profit universities. Under Education Secretary Betsy DeVos, the Department of Education crafted new, more restrictive borrower-defense regulations after blocking an Obama Administration regulation from going into effect last year. U.S. District Court Judge Randolph Moss sided with consumer rights activists who argued against the Secretary of Education, alleging the Department of Education violated federal law and procedure by repealing the Borrower Defense to Repayment rule. The Trump Administration requested another opportunity to delay the regulations from taking effect, but Judge Moss has not yet ruled on their request.
Election Assistance Commission Releases Funds to Help States Prepare for 2018 Elections
The U.S. Election Assistance Commission has released over $300 million in Help America Vote Act funds to 48 states and territories intended to improve election security and administration. This comes after the Consolidated Appropriations Act of 2018 appropriated $380 million into the Help America Vote Election Security Fund in March of this year.