Imagine you are a defense attorney, sent to depose a plaintiff in a simple motor vehicle accident. At the deposition, you question the plaintiff about his background, education, the circumstances of the accident, his post-accident complaints and medical care, and his damage claims. But the plaintiff feels ill, and counsel decides to continue the deposition until later in the week, at which time you intend to attack the plaintiff with your defenses: the plaintiff’s level of fault, his post-accident malingering, and convince him and his counsel that his case against your client is worth nothing.
Read MoreThere are over 82,000 executives in the United States, and these individuals generally receive as part of their compensation the option to purchase stock options from their company.[1] Depending on the company, it may be easy or difficult for the executive to buy or sell their stocks.[2] Each of these executives serves as an insider of the company and are subject to the rules promulgated by the Security and Exchange Commission (SEC) for when and how these stocks can be sold.[3]
Read MoreGovernment spending has been a hot topic for many years with the government consistently running on a deficit.[1] A growing area of government spending is on government contracts, in 2020 spending in this area grew by fourteen percent.[2] Many people know the government is run on a deficit and worry about how their tax dollars are being spent. However, what many typically do not know is, there is a mechanism for everyday people to ensure that government contract expenditures are kept in check.[3] The False Claims Act (FCA) allows any individual to bring a lawsuit on behalf of the U.S. to sue an individual or group who has defrauded the U.S. by receiving more money in a government contract than they should have.[4] These types of lawsuits can range from claims for overpayment in Medicare and Medicaid to construction and procurement fraud.[5]
Read MoreImagine this: you are the defendant in a criminal case. You are facing eight charges. After a lengthy trial, the jury finds you guilty of three charges but acquits you of the remaining five. At your sentencing hearing a few months later, the judge nevertheless deviates from the probation officer’s recommended sentence, finding that the conduct underlying the charges of which you were acquitted merits a higher sentence. At first glance, does this practice seem fair, permissible, or in accordance with lay understandings of the role of the jury?
Read MoreTo prove a hostile work environment claim under Title VII, an employee must show they were subjected to harassment that is “sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.”[1] Although this definition does little to articulate a workable standard, the Supreme Court in Harris v. Forklift Systems, Inc. held a single use of a racial epithet is not enough for a hostile work environment claim.[2] But, subsequently noted an isolated, serious incident could be enough to constitute a hostile work environment claim if the incident is severe enough.[3] Seemingly, the Supreme Court holdings present an interesting dichotomy: whether a single use of an egregious racial epithet can constitute a “mere utterance” that fails to qualify as a hostile work environment claim or a “serious incident” that amounts to a hostile work environment claim.[4]
Read MoreWhen the government needs outside services, they look to The Federal Acquisition Regulation (FAR) for guidance on how to properly conduct their procurement contracts.[1] Among other restrictions, FAR includes provisions which limit conflicts of interest (OCI) between the government and their contractors. [2] Although the regulations provide this guidance, OCI are still commonplace in the procurement system.
Read MoreOn July 1, 2021, the world of college athletics changed forever with the implementation of interim NCAA policies allowing college athletes to profit off their name, image, and likeness (NIL) across all 50 states.[1] However, the NCAA’s suspension of its traditional amateurism rules, which barred any form of compensation, was not a voluntary one. Eight states were poised to implement NIL laws on July 1.[2] Further, in a unanimous decision, the Supreme Court held in NCAA v. Alston that the NCAA’s limitation of education-related benefits violated the Sherman Act.[3]
Read MoreWhile social media sites hold great value to society, they are also one of the greatest downfalls when it comes to human trafficking. With new social media applications continuously arising, it is easy for predators to seek out innocent youth on these sites and coerce them into human trafficking.[1]
Read MoreChallenged by landlords in nearly every state throughout 2020 and 2021, the courts were forced to tackle the moral and legal assessment of the proper balance between landlords’ property interests and the rights of tenants to remain within their home when Congress enacted the federal eviction moratorium in response to the COVID-19 pandemic.[1] When the Center for Disease Control (CDC) extended the eviction moratorium, courts were then also compelled to interpret whether the CDC had the statutory authority to protect tenants from eviction—knowing that if it did not, tenants throughout their state (and soon the entire country) would be at risk of homelessness.[2]
Read MoreThe meme-stock phenomenon that took investment markets by storm in early 2021 created chaos for both investors and regulators. Individual investors—led by the subgroup “WallStreetBets” on Reddit.com—collaborated to increase the stock prices of certain companies through a coordinated effort to purchase the stocks and generate losses for hedge funds who took opposing positions.[1]
Read MoreRecently Britney Spears has recaptured the nation’s attention. However, it is not for a new song, interview, or viral clip. Instead, the world is focused on the state of Britney’s legal affairs centering around her conservatorship.[1] The New York Times released a documentary, “Framing Britney Spears” that explains Britney Spears’ treatment by the media and how she found herself placed under a court appointed conservatorship for the past thirteen years.[2] A conservatorship is an interesting legal construction that most people find difficult to understand especially, as in Britney Spears’ case, when the conservatorship is imposed on a seemingly independent and financially successful adult.
Read MoreBoasting over one hundred thousand student-athlete signees,[1] Barstool Sports is positioning itself to be one of the first big winners following the National Collegiate Athletic Association’s (NCAA) decision allowing student-athletes to profit from their name, image, and likeness.[2] Even so, there remains a looming potential that student-athlete partnerships with Barstool Sports may violate the law, even in the seeming Wild West[3] of NIL regulations.
Read MoreCoal’s reign in the energy domain may be at its twilight hour,[1] but it still remains to be an important mineral: Coal accounted for 23% of U.S. electricity production[2] in 2019 and it also provides the primary source of funding for ongoing mine site reclamation. Usually, income from mining operations fund reclamation efforts directly as operators pay to restore mined land after extracting permitted coal reserves. However, income from operations may also indirectly fund reclamation considering that premiums paid on surety performance bonds create the economic incentive for insurance companies to guarantee reclamation in the event of a default.[3] As a result of this reclamation system, returning mined land back to its original state depends, to some degree, upon the continued success and survival of the coal industry.
Read MoreAs the medical field continues to devote much of its attention towards the ongoing COVID-19 pandemic, a new threat to public health has unfortunately emerged—E-cigarettes or Vaping Associated Lung Injury (“EVALI”).[1] Although EVALI is a relatively new medical phenomenon, as of February 18, 2020, sixty-eight Americans have died from EVALI, and a reported 2,807 Americans have been hospitalized as a result of the illness.[2] With the number of individuals who vape expected to reach 55 million this year,[3] the vaping industry is in desperate need of uniform, federal regulation aimed at ensuring manufactures adequately warn individuals about the serious health risks associated with vaping.[4]
Read MoreOn February 2, 2021, Electronic Arts (EA) announced the long-awaited return of their popular college football video game.[1] The game highlights the college football experience from recruiting, to on field play, and the most popular feature–a Dynasty mode where players can act as a coach and build their dream teams.[2] EA Sports, a subsidiary of EA, started their college football franchise in 1993 with “The Grandaddy of Them All” Bill Walsh College Football.[3] The game did not feature any of the schools until it received the proper licensing in 1995 with the next game in the franchise, College Football USA, which was the first game to include all Division 1-A teams.[4]
Read MoreIn their most recent consideration of abortion rights, the Supreme Court’s decision in June Medical Services L.L.C. v. Russo seemed to reaffirm the Court’s protective standard for women established by Roe v. Wade and its progeny. June Medical invalidated a Louisiana statute requiring abortion providers to retain admitting privileges at local hospitals.[1] However, the 4-1-4 decision is a wolf in sheep’s clothing, delivering a clandestine blow to the Court’s protective standard for abortion rights. The splintered opinions risk a litany of ramifications that could denigrate Roe v. Wade[2] and abortion access.[3] Following June Medical, lower courts have struggled with determining what controlling rule remains to analyze restrictions on abortion services, arriving at different conclusions.
Read MoreAs recent violent altercations between the police and civilians have led to calls for Congress to pass legislative reform, the Supreme Court issued an opinion on March 25th, that appears to give victims of police violence a chance in court.[1] In Torres v. Madrid, the Court provided a bright-line rule for what constitutes a “seizure” which closes a large loop-hole that has allowed police misconduct to go unchecked for many years.[2]
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