Code of Federal Regulations

  • 7th Circuit Court: IN must list both female parents on a child born into female-female marriages birth certificate

    On January 17, the 7th Circuit Court of Appeals affirmed the district court’s finding that Indiana must treat children born into female-female marriages as having two female parents and list both parents on the birth certificate. See Decision.

    Jan 28, 2020 9:18 PM

  • Washington Re-Introduces Comprehensive Privacy Act Among Flurry Of 2020 Consumer Privacy Bills

    “Washington state's lawmakers started the 2020 legislative session with a renewed focus on consumer privacy through the introduction of ten privacy-related bills across the state House and Senate on January 13. Chief among these proposals was the comprehensive Washington Privacy Act (WPA), a new version of which was re-introduced in the Senate after the previous bill died in the House in 2019.” See Article.

    Jan 28, 2020 9:17 PM

  • Federal Appeals Court in Texas rejects Comptroller’s appeal regarding bikini-latex clubs’ classification

    On January 9, Texas’ First District Court of Appeals rejected the Comptroller of Public Accounts’ argument that the bikini-latex clubs, where the female entertainers are covered by some kind of latex, were sexually oriented businesses and thus required to pay a $5 per patron fee. The Court held that the appeal was moot because a federal district court had held that “[b]y defining the word 'clothing' to not cover the latex worn in latex clubs, the Comptroller expanded the application of the fee to businesses not previously taxed, and then tried to recover fees based on that expanded coverage." See Decision.

    Jan 28, 2020 9:17 PM

  • California Announces Revamp Of Consumer Protection Regime In Place Of Sidelined CFPB

    “On January 10, 2020, California Governor Gavin Newsom formally unveiled his plans to expand California's enforcement activities with respect to consumer protection laws. Although the text of the law is not yet available, Governor Newsom's proposed state budget for 2020-2021 contemplates passage of the California Consumer Financial Protection Law (CCFPL). Among other things, the CCFPL would revamp the California Department of Business Oversight (DBO) into the Department of Financial Protection and Innovation (DFPI), with a substantial increase in staff and enforcement powers.” See Article.

    Jan 28, 2020 9:16 PM

  • U.S. Supreme Court: bankruptcy court’s denial of relief from an automatic stay is a final and immediately appealable

    On January 14, the U.S. Supreme Court held that “[a] bankruptcy court’s order unreservedly denying relief from the automatic stay constitutes a final, immediately appealable order under §158(a).” See Decision.

    Jan 28, 2020 9:15 PM

  • Supreme Court Of Pennsylvania Rejects Use Of Fluctuating Workweek Method For Overtime Payment Calculation

    “In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers, Inc., the Supreme Court of Pennsylvania determined that the Pennsylvania Minimum Wage Act (PMWA) does not allow the fluctuating workweek method (FWW Method) of calculating overtime compensation to be used for salaried employees working fluctuating hours.”See Article.

    Jan 28, 2020 9:14 PM

  • Mississippi Supreme Court affirms 12 year conviction for possessing a cell phone in a correctional facility

    In early January, the Supreme Court of Mississippi affirmed the defendant’s conviction and sentence where he was convicted of possessing a cell phone in a correctional facility and sentenced to 12 years. The Court reasoned that “[w]hile obviously harsh, Nash's twelve-year sentence for possessing a cell phone in a correctional facility is not grossly disproportionate. The sentence is within the statutory limits. It is also commensurate with other sentences imposed for the same crime.” See Decision.

    Jan 28, 2020 9:13 PM

  • Oklahoma Supreme Court Strikes Down New Distribution Statute As Unconstitutional

    “In a win for alcohol beverage suppliers, on Wednesday the Oklahoma Supreme Court issued an opinion in The Institute For Responsible Alcohol Policy v. State ex rel. Alcohol Beverage Laws Enforcement Comm'n. In a 5-4 ruling, the court struck down as unconstitutional a statute requiring the top 25 wine and spirits brands in the state, by volume, to be offered to all wholesalers without discrimination. The effect of the ruling is that a supplier of any brand of alcohol is free to choose its preferred or potentially exclusive distributor in the State of Oklahoma.” See Article.

    Jan 28, 2020 9:11 PM

  • Delaware Supreme Court affirms dismissal of stockholder suit claiming failure on the part of Uber directors relating to acquisition of Ottomotto LLC

    In mid-January, the Delaware Supreme Court upheld the Court of Chancery’s judgment dismissing a complaint filed by an Uber stockholder claiming that Uber directors ignored the alleged theft of Google's intellectual property and failed to investigate pre-closing diligence that would have revealed problems with the Ottomotto LLC acquisition. The Court found that that a majority of the board was disinterested because it had no real threat of personal liability due to Uber's exculpatory charter provision. And a majority of the board was also independent of the one interested director. Thus, the board, and not the plaintiff, controlled the decision whether to bring litigation on Uber's behalf, which meant the plaintiff had to make a demand on the board that Uber bring the litigation, which he did not. See Decision.

    Jan 27, 2020 9:01 PM

  • USCIS To Honor Dates For Filing For Most Categories Next Month

    “In February, USCIS will accept employment-based adjustment applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department's February Visa Bulletin, with some exceptions. For all EB-3 countries except India, China and the Philippines, the agency will accept applications according to the Final Action Date chart, which lists most EB-3 countries as current in February.” See Article.

    Jan 27, 2020 8:57 PM

  • U.S. Supreme Court vacates and remands case determining whether Iranian assets held outside of the US could be seized to satisfy a judgment issued in the US against Iran

    On January 13, the U.S. Supreme Court vacated the lower court’s judgment in the case of Bank Markazi v. Peterson. This case considered the issue of whether Iranian assets held outside of the US could be seized to satisfy a judgment issued in the US against Iran. The lower court held that the assets could be seized. The Court rejected this ruling and “remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of the National Defense Authorization Act for Fiscal Year 2020.” See Order.

    Jan 27, 2020 8:55 PM

  • New Jersey Law Requires Severance Pay In Mass Layoffs

    “Governor Phil Murphy signed legislation[], January 21, 2020, amending New Jersey's mini-WARN law, the Millville Dallas Airmotive Plant Job Loss Notification Act (the "Act"). Most notable among the changes is the requirement that companies with 100 or more employees (now including part-time workers) pay severance to employees impacted by a mass layoff. A "mass layoff" is considered any plant closing or transfer resulting in 50 or more employees losing their jobs.” See Article.

    Jan 27, 2020 8:50 PM

  • KS Supreme Court: “statutory definition of "dwelling" requires proof the burgled place was used as a human habitation, home, or residence when the crime occurred, or proof that someone had a present, subjective intent at the time of the crime to use the burgled place for such a purpose

    On January 24, the Supreme Court of Kansas held that the “statutory definition of "dwelling" requires proof the burgled place was used as a human habitation, home, or residence when the crime occurred, or proof that someone had a present, subjective intent at the time of the crime to use the burgled place for such a purpose.” In this case, the Court affirmed the reversal of a conviction of burglary of a dwelling based on the building owner's testimony that no one lived there when the crime occurred and that he had had no plans to live there or rent it out. See Decision.

    Jan 27, 2020 8:43 PM

  • DC Employers Must Notify Employees Of Their Right To Paid Leave

    “Starting February 1, 2020, covered District of Columbia employers must notify employees about their right to paid leave under the DC Paid Family Leave Act (PFLA).” See Article.

    Jan 27, 2020 8:38 PM

  • 7th Circuit vacates Board of Immigration Appeals decision after the Board flatly refused to implement the Court’s decision

    On January 23, the 7th Circuit Court of Appeal vacated the opinion of the Board of Immigration Appeals in a case considering whether the power to waive inadmissibility belongs to the Attorney General alone or may be exercised by immigration judges. The 7th Circuit Court found that 8 C.F.R. §1003.10(a) permits immigration judges to exercise all of the Attorney General's powers, except those expressly reserved by some other regulation and remanded the case to consider two possibilities that the Attorney General had raised in defense of the Board's decision. However, the Board “flatly refused to implement our decision.” See Decision.

    Jan 27, 2020 8:38 PM

  • Court Rules That University-Provided Housing For A Study Abroad Program Created 'Special Relationship' For Tort Liability Purposes

    “On December 18, 2019, the federal District Court for the District of Rhode Island decided that the Rhode Island School of Design ("RISD") must stand trial on a negligence claim brought against the institution arising out of a rape that occurred in university-provided housing on a study abroad program.” See Article.

    Jan 27, 2020 8:29 PM

  • Journal of Thought

    Issue number #53-3-4 (September 2019) of publication Journal of Thought is now available

    Jan 26, 2020 5:49 PM

  • The Non-profit Times

    Issue number #33-11 (November 2019) of publication The Non-profit Times is now available

    Jan 26, 2020 5:49 PM

  • Video Age International

    Issue number #39-6 (November 2019) of publication Video Age International is now available

    Jan 26, 2020 5:49 PM

  • Church & State

    Issue number #72-11 (December 2019) of publication Church & State is now available

    Jan 26, 2020 5:49 PM

  • Business North Carolina

    Issue number #39-12 (December 2019) of publication Business North Carolina is now available

    Jan 26, 2020 5:49 PM

  • Arkansas Business

    Issues #36-50 (December 2019), #36-49 (December 2019) and #36-48 (December 2019) of publication Arkansas Business are now available

    Jan 26, 2020 5:49 PM

  • New York Times Upfront

    Issues #152-7 (January 2020) and #152-6 (December 2019) of publication New York Times Upfront are now available

    Jan 26, 2020 5:49 PM

  • Colorado Bar Journal

    Issue number #2020 (January 2020) of publication Colorado Bar Journal is now available

    Jan 26, 2020 3:19 PM

  • UCLA Journal of Environmental Law & Policy

    Issue number #37-2 (September 2019) of publication UCLA Journal of Environmental Law & Policy is now available

    Jan 26, 2020 11:50 AM

  • The Journal of the American Oriental Society

    Issue number #139-4 (October 2019) of publication The Journal of the American Oriental Society is now available

    Jan 26, 2020 11:50 AM

  • The New American

    Issue number #35-24 (December 2019) of publication The New American is now available

    Jan 26, 2020 11:50 AM

  • San Diego Business Journal

    Issue number #40-49 (December 2019) of publication San Diego Business Journal is now available

    Jan 26, 2020 6:07 AM

  • Real Estate Weekly

    Issue number #65-8 (December 2019) of publication Real Estate Weekly is now available

    Jan 26, 2020 6:07 AM

  • Tax Executive

    Issue number #71-6 (November 2019) of publication Tax Executive is now available

    Jan 26, 2020 5:37 AM