vLex United States

  • Everything You Need to Know About the Map Act – For Now

    Author, Joan Davis, discusses what should be known about North Carolina’s Map Act. She gives us the bottom line, “If your property has been designated on a Protected Corridor Map, then you will need to be proactive in order to protect the value of your property. In fact, the clock may already be ticking on your legal rights.” See Article.

    Sep 22, 2017 7:31 PM

  • Oregon Court of Appeals affirms injunction requiring debarking of dogs

    The Oregon Court of Appeals has affirmed the trial court’s grant of an injunction which requires defendants to have their dogs undergo devocalization or “debarking.” The Court found that damages alone would not “suffice as an adequate legal remedy because damages addressed past harm from barking but did not provide relief to silence the incessant barking.” The decision came following several years of complaints and citations about the barking of the dogs as well as an order to prevent the dogs from continuing to bar. The plaintiff’s brought the current action alleging that the defendants had not taken the necessary steps to prevent the dogs from barking. See Decision.

    Sep 22, 2017 7:30 PM

  • Trump Bans “Transgenders” From Military

    “Reversing a move made by President Obama late in his administration, President Donald Trump said July 26 that "transgender" individuals will be banned from serving in the U.S. military. "After consultation with my Generals and military experts, please be advised that the United States government will not accept or allow transgender individuals to serve in any capacity in the U.S. military," the president communicated in a series of Twitter posts.” See Article.

    Sep 22, 2017 7:15 PM

  • Court affirms dismissal of claims filed after naturalization certificates were cancelled

    The D. C. Court of Appeals has affirmed the dismissal of claims alleging that the government violated the Immigration and Nationality Act as well as due process guarantees in cancelling and revoking certificates of naturalization and passports that were issued illegally by an employee of the United States Customs and Immigration Services (USCIS) employee. The Court affirmed the dismissal, finding that the revocation took place through an administrative rather than judicial process. See Decision.

    Sep 22, 2017 7:15 PM

  • IRS gives new deadline for Hurricane Harvey victims

    The IRS has released a statement stating that victims of Hurricane Harvey will have an extension until January 31, 2018 to file certain individual and business tax returns and make certain tax payments. This includes an additional filing extension for taxpayers with valid extensions that run out on Oct. 16, and businesses with extensions that run out on Sept. 15. See Press Release.

    Sep 22, 2017 7:04 PM

  • CA Supreme Court upholds finding that initiative requires special election vote

    The California Supreme Court has affirmed an opinion issued by the Court of Appeals finding that in a case challenging the City of Upland’s determination that fee for an initiative relating to operation of medical marijuana dispensaries required a special election vote, “that article XIII C does not constrain voters' constitutional power to propose and adopt initiatives, and that under article II, section 11 and Elections Code section 9214, the initiative at issue should be submitted to the voters at a special election, not at a general election, as article XIII C would require.” See Decision.

    Sep 22, 2017 7:03 PM

  • U.S. Department of Education Issues New Interim Guidance on Campus Sexual Misconduct

    “Building on her remarks from September 7, 2017, regarding the Department’s commitment to protecting all students from discrimination, today U.S. Secretary of Education Betsy DeVos announced the release of a new interim Q&A for schools on how to investigate and adjudicate allegations of campus sexual misconduct under federal law.” See Press Release.

    Sep 22, 2017 7:02 PM

  • Privacy Law: You Need to Worry About Upcoming European Union Regulations

    Author Saad Gul discusses the European Union’s General Data Protection Regulation (GDPR) which will come into effect on May 25, 2018, and the implications it has for United States companies. The GDPR regulates “personally identifiable information or certain types of personal data that can be connected to an individual resident of the European Union.” This will affect many companies in the United States who process or handle data of EU residents. See Article.

    Sep 22, 2017 7:01 PM

  • Business North Carolina

    Issue number #37-9 (September 2017) of publication Business North Carolina is now available

    Sep 22, 2017 10:47 AM

  • The New American

    Issue number #33-17 (September 2017) of publication The New American is now available

    Sep 22, 2017 10:47 AM

  • Court reverses denial of motion to terminate grandparent visitation

    The Supreme Court of North Dakota has reversed a district court order denying a motion to terminate grandparent visitation after the father’s parental rights were terminated. The Court found that the termination of the father’s parental rights was a material change in circumstances, and that the grandparent was not able to establish a basis to have visitation under the facts of this case, where the grandparent has never met the child and cannot show that visitation would not interfere with the parent-child relationship. See Decision.

    Sep 21, 2017 9:30 PM

  • Incorporating Progressive Treatment Provisions in International Investment Agreements to Maintain Policy Space for State Regulation of Human Rights

    Author Jeremy Goldstein “analyzes methodology for drafting treatment provisions which reserve states domestic policy space to regulate human rights in-line with UNGP Article 9.” Goldstein concludes that “to strike a balance between attracting investment and abrogating policy space, states now seek to implement UNGP Article 9 recommendations into their IIAs through diverse methodology.” See Article.

    Sep 21, 2017 9:28 PM

  • A state juvenile-delinquency adjudication is not a "prior conviction" under § 2252(b)(1)

    The 8th Circuit Court has vacated a 15-year sentence and remanded for resentencing in the case of William Gauld. Gauld was convicted of receiving child pornography. The district court found that he had a prior conviction under state law "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward and as such the minimum sentence was 15 years. The 8th Circuit Court found that a state juvenile-delinquency adjudication is not a "prior conviction" under § 2252(b)(1), and vacated the 15-year sentence. See Decision.

    Sep 21, 2017 9:27 PM

  • States Grapple with Weaker than Projected Tax Receipts

    “In April 2017, total state income tax revenue was down 4 percent compared to the previous year, according to a report from the Rockefeller Institute of Government. The "Shortfalls on States' April Tax Returns: Trump Effect, Weak Economy, or Both?" report --which examined the April 2017 tax receipts for 41 states with broad-based income taxes--also found that: The lower total state tax revenue from April 2017 was driven by declines of 7.3 percent in final returns and 4.3 percent in estimated payments, more than offsetting 5.3 percent growth in withholding tax collections.” See Article.

    Sep 21, 2017 9:26 PM

  • The zone of special danger doctrine could be applied to local nationals employed in their home country under certain conditions

    The 9th Circuit Court has denied a petition for review of a decision of the U.S. Department of Labor’s Benefits Review Board (BRB.) The respondent was a citizen of the Republic of the Marshall Islands and was working on a U.S. Army Space and Missile Defense site for a U.S. government contractor when he was injured. The Court held that “the judicially created zone of special danger doctrine could be applied to local nationals employed in their home country under an employment contract covered by the Longshore and Harbor Workers' Compensation Act, as extended by the Defense Base Act.” See Decision.

    Sep 21, 2017 9:23 PM

  • Legitimacy in Decision Making: Increasing Voter Approval of Municipal Bonds

    “In the 2016 election, U.S. electorates not only chose a president and ushered in new state and local government administrations; they also approved dozens of bonds for new infrastructure projects. State and local administrators need to understand trends in voter approval of municipal bond measures because general tax revenues have increased slowly, if at all, and have declined in several jurisdictions.” See Article.

    Sep 21, 2017 9:22 PM

  • Dodd-Frank Act does not abrogate the common-law right of public access to judicial records

    The D.C. Court of Appeals has found that the Dodd-Frank Act does not abrogate the common-law right of public access to judicial records. The Court noted, “The right of public access is a fundamental element of the rule of law, important to maintaining the integrity and legitimacy of an independent Judicial Branch. Although the right is not absolute, there is a strong presumption in its favor, which courts must weigh against any competing interests. There is nothing in the language of Dodd-Frank to suggest that Congress intended to displace the long-standing balancing test that courts apply when ruling on motions to seal or unseal judicial records.” See Decision.

    Sep 21, 2017 9:21 PM

  • Palin’s Suit Against the New York Times Dismissed by Federal Court Weighing in on Defamation and Political Editorials

    “In a decision addressing what constitutes malice for determining whether a public figure has been defamed, the U.S. District Court for the Southern District of New York dismissed Sarah Palin's defamation lawsuit against the New York Times, in which Palin claimed that a Times editorial falsely linked her to a mass shooting. In Palin v. The New York Times Company, 17-cv-4853 (JSR) (S.D.N.Y. Aug. 29, 2017), Judge Jed Rakoff addressed a number of key considerations that can arise from editorials on hot-button political stories.” See Article.

    Sep 21, 2017 9:20 PM

  • Public Finance and Management

    Issue number #17-2 (March 2017) of publication Public Finance and Management is now available

    Sep 21, 2017 10:47 AM

  • The Journal of the American Oriental Society

    Issue number #137-2 (April 2017) of publication The Journal of the American Oriental Society is now available

    Sep 21, 2017 10:47 AM

  • Government Finance Review

    Issue number #33-4 (August 2017) of publication Government Finance Review is now available

    Sep 21, 2017 10:47 AM

  • Washington Monthly

    Issue number #49-9-10 (September 2017) of publication Washington Monthly is now available

    Sep 21, 2017 10:47 AM

  • Real Estate Weekly

    Issue number #62-45 (September 2017) of publication Real Estate Weekly is now available

    Sep 21, 2017 10:47 AM

  • NH to get $7.2 Million in Moody’s Settlement

    “New Hampshire will be receiving a $7.2 million share of an $863 million agreement with Moody's Corp. to settle charges that the company manipulated its ratings of toxic assets that helped lead to the 2008 market collapse and caused millions of people to lose their homes in order to pocket lucrative fees.” See Article.

    Sep 21, 2017 1:01 AM

  • Massachusetts Supreme Court applies gatekeeper provision

    The Supreme Court of Massachusetts has found that the gatekeeper provision applies in a case where a juvenile who has been convicted of murder in the first degree, and whose conviction has been affirmed by this court after plenary review. See Decision.

    Sep 21, 2017 1:00 AM

  • CFPB Temporarily Changes Mortgage Reporting Threshold for Community Banks and Credit Unions

    On August 24, 2017 the Consumer Financial Protection Bureau (CFPB) “issued a rule amending the 2015 updates to the Home Mortgage Disclosure Act (HMDA) rule. The Bureau has temporarily changed reporting requirements for banks and credit unions that issue home-equity lines of credit, and clarified the information that financial institutions are required to collect and report about their mortgage lending.” See Notice.

    Sep 21, 2017 12:59 AM

  • Subway class action and settlement reversed

    The 7th Circuit Court has reversed the class action and settlement approval in a suit filed against Subway after it was discovered that a “Footlong” sandwich was only 11 inches. The Court found that “the procedures required by the settlement do not benefit the class in any meaningful way. The settlement acknowledges as much when it says that uniformity in bread length is impossible due to the natural variability of the bread-baking process.” The Court also noted that “because the settlement yields fees for class counsel and "zero benefits for the class, " the class should not have been certified and the settlement should not have been approved.” See Decision.

    Sep 21, 2017 12:58 AM

  • House Passes H.R. 2810

    On September 18, 2017, the U.S. Senate voted to pass H.R. 2810 (National Defense Authorization Act for Fiscal Year 2018.) The purpose of the Act is to “authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.” See Vote.

    Sep 21, 2017 12:57 AM

  • Court finds treatment not nationally accredited still covered by medical plan

    The 10th Circuit Court has granted a motion for summary judgment to the plaintiff in a case where the plaintiff claims that ValueOptions (VO), AT&T, and SBC Umbrella Benefit Plan No. 1 wrongfully denied a benefit claim for the plaintiff’s daughter’s stay at a mental health treatment center. The defendant’s argued that the claim was denied because the treatment center was not nationally accredited, however, the Court found that the medical plan did not state that a provider must be nationally accredited for the treatment to be medically necessary. See Decision.

    Sep 21, 2017 12:56 AM

  • CA Court grants petition, prohibiting release of information from minor's sealed record

    The California Court of Appeals has granted a petition ordering the juvenile court not to release any information from a minor’s sealed file that was sought by a criminal defendant, where the minor will serve as a witness against him. The Court found that “Legislature enacted a statute that generally requires a juvenile court to seal a minor's confidential delinquency file following a dismissal. The court cannot later unseal and release information in the file to others, except in eight limited circumstances for certain designated parties. A third-party criminal defendant is not one of the designated parties under the eight statutory exceptions.” See Decision.

    Sep 21, 2017 12:55 AM