Code of Federal Regulations

  • Court finds Mann Act does not apply to conduct only occurring in Puerto Rico

    The 1st Circuit Court has found that the Mann Act's federal protections against sex trafficking of adults, 18 U.S.C. § 2421(a), do not apply to conduct occurring solely within Puerto Rico. As such, the Court denied petitions for rehearing in United States v. Maldonado-Burgos. See Decision.

    Aug 23, 2017 12:58 AM

  • Alaska governor signs bill allowing ridesharing companies in Alaska

    “Alaska Governor Bill Walker signed a bill into law that allows ridesharing companies including Lyft and Uber to operate in Alaska. House Bill 132, sponsored by Representative Adam Wool, paves the way for Transportation Network Companies (Lyft, Uber, and the like) to begin operating in Alaska communities. Under HB 132, drivers working for ride-sharing companies are labeled as independent contractors and must be insured. HB 132 passed the Alaska State Legislature this year with strong bipartisan support. The bill took effect the moment it was signed by Governor Walker in June.” See Article.

    Aug 23, 2017 12:56 AM

  • EEOC Issues Workplace Harassment Guidelines

    “Workplace harassment is virtually an epidemic in the U.S. According to the Equal Employment Opportunity Commission (EEOC), one-third of the nearly 100,000 charges it receives annually now include a harassment allegation. But the agency is taking steps to help both workers and managers handle the problem. The new guidance comes on the heels of a 95-page report assembled by a task force to prevent harassment in the workplace. The end result was four checklists the EEOC urges employers to use to stymie harassment. The detailed lists focused on the following key areas: leadership and accountability, anti-harassment policy, reporting and investigations, and compliance training.” See Article.

    Aug 23, 2017 12:55 AM

  • 6th Circuit finds no legitimate property rights in unlicensed dogs

    The 6th Circuit Court has granted a motion for summary judgment in favor of several Detroit police officers after claims were filed against them alleging unlawful seizure through their killing of the plaintiffs’ three dogs. The Court found that the dogs were unlicensed in violation of Michigan Dog Law and the Detroit City Code, and for that reason they were considered illegal property or contraband. As such, there was no legitimate possessory interest in the dogs and can be no violation of the 4th Amendment. See Decision.

    Aug 23, 2017 12:54 AM

  • CA Supreme Court finds no violation of patient privacy rights in data obtained by CURES

    The Supreme Court of California has found that the Medical Board of California did not violate patients’ rights to privacy under the California Constitution after obtaining data from the Controlled Substance Utilization Review and Evaluation System (CURES) pursuant to an investigation into a doctor. Although there was no warrant or subpoena, the Court found that the actions of the Board were justified by a compelling interest in controlling the distribution of dangerous drugs. See Decision.

    Aug 23, 2017 12:53 AM

  • Oregon Licenses Residential Mortgage Loan Servicers

    “On August 2nd, Oregon Governor Katherine Brown signed legislation that provides for the licensing of residential mortgage loan servicers, Senate Bill 98 ("S 98"), the Oregon Mortgage Loan Servicer Practices Act (the "Servicer Act"). S 98 provides for a dedicated mortgage loan servicer license, separate from the license as a mortgage banker or mortgage broker obtained under the Oregon Mortgage Lender Law.” See Article.

    Aug 23, 2017 12:52 AM

  • Interference with flight crew not a crime of violence under MVRA

    The 4th Circuit Court has found that an appellant is not required to pay a full amount of restitution after he plead guilty to interference with flight crew members and attendants when he rushed the cockpit approximately 45 seconds after takeoff. The Court found that under the Mandatory Victims Restitution Act (MVRA), the crime of “interference with a flight crew is not categorically a crime of violence as defined by 18 U.S.C. § 16. See Decision.

    Aug 23, 2017 12:51 AM

  • Utah Supreme Court determines Utah Code 78B-2-201(1) is construed as a statute of limitation

    The Supreme Court of Utah has issued an opinion at the request of the federal court on the issue of whether Utah Code 78B-2-201(1) and its predecessor are statutes of limitations or statutes of repose. The Court found that due to the plain language of the statutes, they are statutes of repose. However, the Court found that the application of this statute to the state’s rights of law leads to an absurd and surely unintended result of the state losing title to any such rights of way after 7 years with no opportunity to prevent such loss. Due to this absurd result, the Court construes the statute as a statute of limitation. See Decision.

    Aug 23, 2017 12:50 AM

  • Washington University Law Review

    Issue number #94-3 (April 2017) of publication Washington University Law Review is now available

    Aug 22, 2017 10:47 AM

  • Notre Dame Law Review

    Issue number #92-5 (May 2017) of publication Notre Dame Law Review is now available

    Aug 22, 2017 10:47 AM

  • Case Western Reserve Law Review

    Issue number #67-4 (June 2017) of publication Case Western Reserve Law Review is now available

    Aug 22, 2017 10:47 AM

  • Franchising World

    Issue number #49-7 (July 2017) of publication Franchising World is now available

    Aug 22, 2017 10:46 AM

  • New Hampshire Business Review

    Issue number #39-15 (July 2017) of publication New Hampshire Business Review is now available

    Aug 22, 2017 10:46 AM

  • Business North Carolina

    Issue number #37-8 (August 2017) of publication Business North Carolina is now available

    Aug 22, 2017 10:46 AM

  • Real Estate Weekly

    Issue number #62-41 (August 2017) of publication Real Estate Weekly is now available

    Aug 22, 2017 10:46 AM

  • Suit filed regarding Mova Contour technology

    “Walt Disney Co. is being sued in federal court in San Francisco over allegations the Burbank entertainment giant used stolen motion capture technology in three of its films. Rearden LLC, and its subsidiary Rearden Mova LLC seeks in its 83-page complaint filed July 17 unspecified financial damages as well as the impoundment and destruction of all copies of the three movies using the Mova Contour Reality Capture technology--"Beauty and the Beast," "Guardians of the Galaxy," and "Avengers: Age of Ultron."” See Article.

    Aug 21, 2017 9:43 PM

  • Oregon Expands Pay Equity Protections

    “Oregon recently enacted the Oregon Equal Pay Act of 2017 (H.B. 2005) (the "Act"). The Act broadly expands Oregon's existing equal pay protections and imposes new restrictions on Oregon employers' use of salary histories in recruiting employees and setting compensation.” The Act will change equal wage compensations laws from not only applying to male-female, but any protected class. See Article.

    Aug 21, 2017 9:41 PM

  • Court finds no actionable claims for US citizen improperly held by immigration for 3 years

    The 2nd Circuit Court has reversed the finding of the district court, which had held that the United States government was liable under claims of false imprisonment of United States citizen who was improperly held by immigration for more than 3 years. The Court found that the false imprisonment claim was time barred and that the malicious prosecution claim failed because the government did not act with malice. See Decision.

    Aug 21, 2017 9:39 PM

  • Tax Treatment of Indemnity Payments

    Author Edward J. Schnee discusses “basic penalty rules and then concentrates on the effect of a taxpayer’s reliance on a tax professional.” Specifically, the article discusses indemnity payments when a taxpayer receives a penalty after they relied on a tax professional to prepare their documents. See Article.

    Aug 21, 2017 9:38 PM

  • Court finds cross-examination within scope of direct examination: plaintiff responsible for expert witness fees

    The South Dakota Supreme Court has found that the circuit court improperly required a defendant to pay a portion of the fee for an expert witness called by the plaintiff. The Court found that as the cross-examination remained within the scope of the plaintiff’s direct examination, the expert witness was still properly considered to be a witness of the plaintiff and thus the plaintiff remains responsible for paying the expert-witness fee. See Decision.

    Aug 21, 2017 9:37 PM

  • CA State Bar continues process of bar exam review

    “The State Bar of California is carefully reviewing the California Bar Examination passing score in a series of studies, as directed by the state Supreme Court…The State Bar is seeking public comment regarding the Standard Setting Study and related options for the California Bar Exam cut score before making a recommendation to the California Supreme Court, which will make the final decision.” See Notice.

    Aug 21, 2017 9:36 PM

  • Court finds Forest Service rules in excess of their power when applied to private land owners

    The 6th Circuit Court has found that two regulations promulgated by the United States Forest Service on Crooked Lake were in excess of the Forest Service’s power when applied to private property owners on the lake. The Court found that “under Michigan riparian-rights law, in truth littoral-rights law, lakeside property owners may use all of a lake, making the [Plaintiffs'] right to use all of the lake in reasonable ways the kind of "valid existing rights" that the Forest Service has no warrant to override. See Decision.

    Aug 21, 2017 9:34 PM

  • Services’ Lists of Unfunded Priorities Sent to Capitol Hill

    “The military departments have submitted a list of priorities that were not funded in the president's fiscal year 2018 budget request. But lawmakers are unlikely to give them additional money, according to analysts.” See Article.

    Aug 21, 2017 9:31 PM

  • Journal of Sports Science and Medicine

    Issue number #16-2 (June 2017) of publication Journal of Sports Science and Medicine is now available

    Aug 19, 2017 10:47 AM

  • American Jewish History

    Issue number #101-3 (July 2017) of publication American Jewish History is now available

    Aug 19, 2017 10:46 AM

  • San Fernando Valley Business Journal

    Issue number #22-15 (July 2017) of publication San Fernando Valley Business Journal is now available

    Aug 19, 2017 10:46 AM

  • Los Angeles Business Journal

    Issue number #39-31 (July 2017) of publication Los Angeles Business Journal is now available

    Aug 19, 2017 10:46 AM

  • San Diego Business Journal

    Issue number #38-31 (July 2017) of publication San Diego Business Journal is now available

    Aug 19, 2017 10:46 AM

  • Arkansas Business

    Issue number #34-31 (July 2017) of publication Arkansas Business is now available

    Aug 19, 2017 10:46 AM

  • 11th Circuit strikes parts of Alabama statute on abortion procedures for minors

    The 11th Circuit Court has struck down parts of an Alabama statute requiring an ex-parte hearing in which a guardian ad litem could be appointed to represent the interests of the fetus. The Court found that “the offending portions of the Act are severable, and a declaration of their unconstitutionality will still leave Alabama with a constitutional bypass option, something that the Alabama Legislature clearly intended to achieve when it amended the Act in 2014.” See Decision.

    Aug 18, 2017 5:03 PM