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Maybe it is Time to Retire the NLRA
Within the first week of his presidency, President Trump removed National Labor Relations Board (“NLRB”) [1] General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox, leaving the NLRB without a quorum [2] and therefore unable to have any real impact on cases brought before it. [3] This action sent unions and organizers into a panic as employers celebrated the expanded ability to get away with unfair labor practices and policies that limit strikes and work stoppage
Jordan Pollack
Nov 1610 min read
Administrative Variability & The Price of Title IX Compliance on Minority-Serving Institutions
The Department of Education (“ED”) enforces civil rights in education through Title IX. [1] Title IX prohibits sex-based discrimination in federally funded educational programs, and promotes inclusion in higher education. [2] Significantly, Title IX enforcement depends on the executive branch controlling the ED, as this power rests with both the Department of Justice and the ED’s Office for Civil Rights (OCR). [3] Historically, judicial enforcement of statutes like Title
Jacob Wall
Nov 26 min read
The Splintering of “Catalyst Theory” in New York
Some of the New York Supreme Court, Appellate Divisions are now recognizing “catalyst theory” as a part of the New York State Equal Access to Justice Act (“EAJA”). To preserve the intent of the EAJA, it is time for the Court of Appeals to decide in favor of catalyst theory for litigants. Recently, the New York Supreme Court, Appellate Division, Third Department ruled in favor of Peter Markey, a disabled Navy veteran who sued New York State after they denied him rental assis
Nancy Larcher
Oct 315 min read
Deputized to Discriminate: The Dangerous Revival of ICE “Task Force” Agreements
Section 287(g) of the Immigration and Nationality Act, first implemented in 1996, authorizes local and state law enforcement agencies to...
Yuwen Huyan
Apr 297 min read
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