US Department of Education accuses New York of violating civil rights law with Native American mascot ban

 Pix credit here On the basis of Resolution 26/9 (2014), the Human Rights Council established an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights. The mandate for the OEIGWG, buttressed by a cohesive and like minded group of supporters, was to elaborate an "international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises." This, the  OEIGWG has sought to do with great vigor, aided by a closely self-referencing group of supporters who have managed to maintain the sort of committed solidarity that may be necessary in this age to put forward a compulsory version of their vision for the rest of us. To that end, they have singlemindedly labored for more than a decade to produce a draft of something that appeals to them and their supporters. Pix credit hereThey have come…

Rephael Stern, Harvard Law School; Harvard Graduate School of Arts and Sciences, has published The Lost English Roots of Notice-and-Comment Rulemaking at 134 Yale L.J. 1955 (2025). Notice-and-comment rulemaking is arguably the most important procedure in the modern administrative state. Influential accounts even frame it as the 1946 Administrative Procedure Act's "most important idea." But its historical origins are obscure. Scholars have variously suggested that it grew out of the constitutionally sanctioned practice of congressional petitioning, organically developed from the practices of nineteenth-century agencies, or was influenced by German conceptions of administrative rulemaking. These histories, however, are incomplete. Using original archival research, this Article demonstrates that notice-and-comment rulemaking was the product of a series of American transplantations of English rulemaking procedures that developed in the late nineteenth and early…

Amnesty International decried an Italian government order Saturday, claiming its elevated sanctions against activists, prisoners and migrants constitute a potential grant of arbitrary law enforcement power. The new measures, called “draconian” by the organization, create new offenses for prisoners and migrants at detention centers for not cooperating with or passively resisting police orders. According to the Organization for Security and Cooperation in Europe, parts of the measure may contradict fundamental pillars of criminal justice. The decree law contains, according to the Special Rapporteurs of the United Nations, several instances of vaguely worded provisions that expand the concept of terrorism beyond current international definitions. Human rights experts believe this may cause the bill to stand on uneasy legal footing and violate well known standards in international human rights law. The new provisions would also limit “passive resistance” in…

The Committee to Protect Journalists (CPJ) urged El Salvador Friday to repeal its newly enacted “foreign agents” law, calling it a direct threat to press freedom and civil society. The law, approved on May 20 by the Legislative Assembly dominated by President Nayib Bukele’s party, requires organizations and individuals receiving international funding to register with the Ministry of Interior and imposes a 30 percent tax on such funds. It also grants the government sweeping authority to monitor, fine, or shut down those who fail to comply. Journalists and legal experts have expressed concern that the law’s vague and broad language allows authorities to arbitrarily classify anyone receiving foreign support as a foreign agent. This could impact freelance reporters, trainers, and nonprofit workers, who risk being labeled as hostile actors simply for engaging in international partnerships. The measure has drawn sharp comparisons to authoritarian regimes,…

In the case of Neubauer v. Piercy, 2025 IL App (2d) 240357-U, the Illinois Appellate Court for the Second District affirmed the dismissal of a breach of fiduciary duty claim against a law firm on statute of limitations grounds. The court held that the two-year statute of limitations barred the claim because the plaintiffs knew or should have known of their injury more than two years before they filed suit. Plaintiffs sued the Defendant law firm for breach of fiduciary duty. Rodney Piercy founded Piercy & Associates, an estate planning law firm. In 2014, Rodney Piercy and his son, Matthew, formed an investment firm known as Family Wealthy Legacy. Matthew was principally responsible for managing the investments of the company. In 2018, plaintiffs invested $1.4 million in Family Wealth Management.  Plaintiffs were essentially alleging that Rodney breached his fiduciary duty to them by failing to disclose to them in 2018 that his son was likely a fraud and crook. The…

While Colombia has made notable progress in protecting the rights of lesbian, gay, bisexual, transgender, and gender-diverse (LGBT) individuals, the country must urgently address widespread discrimination and violence still faced by these communities, a UN human rights expert has warned Friday. Graeme Reid, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, concluded a fact-finding mission across multiple Colombian cities. In his statement, Reid praised the government’s commitment to equality and its legal reforms, but emphasized the stark disconnect between institutional progress and the daily lived experiences of LGBT individuals. “Despite these positive developments, many LGBT people continue to experience discrimination and violence in their daily lives,” Reid said. “This is particularly acute for trans women and for those who face intersecting forms of marginalization as…

In 2013, with an increasing number of wrongful convictions—many of which were based on flawed forensic evidence (“junk science“) such as disproven arson investigation techniques, bite mark analysis, misapplied bloodstain pattern analysis, and shaking baby syndrome—the Texas Legislature enacted the first legal pathway for an inmate to challenge their conviction when new or advanced science discredited the evidence used to convict. This pathway was created through the codification of Article 11.073 of the Texas Code of Criminal Procedure. This new law was primarily driven by the case of Michael Morton, who was wrongfully convicted due to misinterpreted forensic evidence and blatant prosecutorial misconduct. Morton spent 25 years in prison for the murder of his wife and was later exonerated through DNA evidence. The law thus had one basic purpose: to “accommodate evolving science“ and provide a meaningful pathway to overturn convictions based…

Referring to King George III of Britain, this nation’s Declaration of Independence said:  “A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of free people.” President Donald J. Trump has always viewed the American presidency as an inherent, king-like right to rule over the people of the United States, as though it were his personal fiefdom. This attitude led to him being impeached twice during his first term in office, charged with a total of 88 criminal offenses after leaving the White House, convicted of 34 of those offenses, and found civilly liable for 88 million dollars for engaging in forced sex offenses and defamation. Throughout his run for, and during his actual presidency, Trump has either fomented or gave credence to a laundry list of “Deep State” conspiracy theories popular with what has been dubbed as his “MAGA base”—a political coalition of violent white…

When you seek medical care, you trust that your healthcare providers will work together to give you safe, coordinated treatment. However, many patients in Pennsylvania experience harm due to disjointed, fragmented care — where critical communication between providers breaks down. In these cases, patients may suffer serious consequences like delayed diagnosis, medication errors, or worsening conditions. If you’ve been affected by poor care coordination, you may have legal grounds to file a medical malpractice lawsuit. Under Pennsylvania law, a lack of continuity of care can be considered negligence if it results in harm. This article explores how such claims work, what evidence is needed, and how to take legal action.   What Is Continuity of Care? A Definition in Healthcare Terms Continuity of care means that a patient’s treatment is consistent and well-coordinated across different healthcare settings and providers. Ideally, your primary care doctor,…

[Do Congress and the courts have adequate tools to rein in Trump’s scattershot use of executive power?] [This is a guest blog from a friend and colleague, Abner S. Greene, who is the Leonard F. Manning Professor at Fordham Law School and has been following the constitutional separation-of-powers issues at the heart of many of the current cases involving the scope of President Trump's powers for many years.] Donald Trump's aggressive use of executive power in his second term threatens to upset the balance of power between President and Congress, and although courts have pushed back against Trump's excesses,[i] up-front hurdles and back-end limits render courts an imperfect check.  In this essay I will describe an argument I made 30 years ago about the problem of expanded presidential power, explain the hurdles facing my suggestions for a better balance of executive-legislative power, discuss the limits of congressional power to check an unhinged…

“Lawyers for Migrants Press Appeals Court to Stop Trump’s Use of Alien Enemies Act; It was an opening salvo in what is likely to be the decisive legal battle over the president’s attempts to employ the rarely used wartime law as a centerpiece of his aggressive deportation agenda”: Alan Feuer of The New York Times has this report. You can access the brief for appellants filed yesterday in the U.S. Court of Appeals for the Fifth Circuit via this link.

The Rural Reconciliation Project at the University of Nebraska College of Law, along with the University of South Dakota Knudson School of Law, will host a workshop this fall for scholars whose work engages with the law and its relation to rural people and places. The workshop will be held via Zoom on Friday, November 14, 2025, from approximately 9 am until 4 pm CST, with the final schedule to be determined after participants are selected.  This workshop provides a forum for scholars of diverse disciplines and career stages to share and receive feedback on in-progress research that addresses or investigates themes of law and rurality, including legal issues viewed through the lens of rural experience, rural geography, or rural-urban difference. We also anticipate at least one incubator session for scholars to receive feedback on more nascent ideas.  In order to be included, participants will be expected to commit to attend the full day of Zoom sessions and read and…

This is a round-up of open access materials produced by authors based in the Global South (GS) and other geographic areas that are less well-represented in the domain of scholarly forced migration literature. Generally, articles are included if either the lead author or at least half of the co-authors are based in the GS. These references are organized by type of open access. Note that the OA items herein were previously referenced on either this blog or the Forced Migration Library blog as of 1 May 2025.Authors of the OA materials listed below are encouraged to deposit their work in the Forced Migration Research Archive (FMRA)! The submission form and guidelines are available on FMRA's website. Bronze OA:"Crisis Migration in the Contexts of Civil Wars: A Study on the Defects of New Humanitarianism," African Social Science Review, vol. 13, no. 1 (2025)- Author = Thailand"Protecting Migrant Children in Thailand: Importance of Social Integration and Roles…

American law recognizes that the protection of trade secrets results in substantial benefits to businesses and society. Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470 (1974). Protecting commercial entities trade secret theft encourages investment in processes and technologies benefiting consumers. Therefore, trade secret laws promote “the efficient operation of industry” by affording those who invested time, capital, or effort into securing or creating the trade secret whatever benefits result therefrom. Brooklyn Life Ins. Co. of New York v. Dutcher, 95 U.S. 269 (1877). Most, if not all, states recognize the importance of trade secrets to commercial development and enacted statutes preventing their theft. These statutes generally require the trade secret owner to do more than merely prove its information is secret. The owner must also prove it took reasonable measures under the circumstances to protect the information’s secrecy and prove the information has…

A tragic hit-and-run collision in San Jose’s South Almaden Avenue area has claimed the life of a 72-year-old man and left his companion injured. The incident occurred in the early morning of Friday, May 30, 2025, highlighting pedestrians’ ongoing dangers, particularly those with mobility challenges. Details of the South Almaden Avenue Collision According to San Jose police, the fatal accident occurred around 2:45 a.m. near the intersection of South Almaden Avenue and West Virginia Street. The elderly victim and his female housemate were walking in the roadway when a speeding vehicle struck both pedestrians. The woman explained to authorities that they were walking in the street rather than on the sidewalk because the man used a motorized wheelchair, and the road surface provided more straightforward navigation than the uneven sidewalk terrain. This detail underscores the accessibility challenges individuals with mobility devices often face in urban environments.…

Ohio Collections Harassment Getting endless calls from debt collectors can be overwhelming and stressful. It’s not just about the debt, but about feeling trapped and losing your peace of mind. No one should have to deal with threats or bullying over unpaid bills.If you’re facing relentless debt collection tactics in Ohio, knowing you have rights and options is necessary. What Constitutes Collections Harassment? Understanding what qualifies as harassment is key to recognizing when a debt collector has crossed the line. Here are some detailed examples of unlawful collection practices:These behaviors are not only unethical but often illegal under laws such as the Fair Debt Collection Practices Act (FDCPA). Recognizing them is the first step toward protecting your rights. Repeated or Late-Night Calls: …

A tragic pedestrian accident claimed the life of a man in Clay, Sacramento County, on Thursday evening, May 29, 2025. The incident serves as a sobering reminder of the dangers pedestrians face on California roadways and highlights the importance of understanding legal protections available to victims and their families. Details of the Clay Pedestrian Accident According to the California Highway Patrol, the fatal collision occurred at approximately 10:20 p.m. on Twin Cities Road near Clay Station Road. The victim, whose age has not been released by authorities, was walking in the area when he was struck by a vehicle. The driver remained at the scene and is cooperating with the ongoing investigation. No arrests have been reported at this time. The timing and location of this accident highlight several risk factors commonly associated with pedestrian fatalities. The late evening hour when the collision occurred coincides with reduced visibility conditions that make it more…

Every criminal defendant is entitled to a fundamentally fair trial. In North Carolina’s two-tier system, a defendant convicted in District Court (the lower criminal court) can  seek an appeal from district criminal court to Superior Court for a fresh trial. But does this trial de novo appeal truly safeguard the right to a fair trial? This post examines North Carolina’s two-tier criminal court structure and asks whether a trial de novo on appeal fully cures defects in the original proceeding. We explore statutory law (e.g. N.C.G.S. §§ 7A-271, 15A-1431), constitutional due process principles, and key cases – notably Ward v. Monroeville, 409 U.S. 57 (1972) – to assess if a defendant receives meaningful due process in the court of first instance. Legal professionals will recognize the tension between efficiency and fairness inherent in North Carolina’s system, and the question of whether the promise of a new trial compensates for…