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The complaint alleges that Navient violated California’s unfair competition and false advertising laws since the company did not sufficiently disclose how borrowers could be considered for income-driven repayment recertification plans, thus guiding borrowers to more expensive repayment plans.
Cornell law professor Michael C. Dorf comments on the suggestion that liberals who are distressed about the impending era of reactionary US Supreme Court jurisprudence should focus efforts on change at the level of state supreme courts. Without discouraging such efforts, Dorf explains why this approach faces significant obstacles, and he argues that anyone concerned about the direction of the Court should not restrict their political activities to judicial elections but engage in organized opposition on multiple fronts.
A look at Brett Kavanaugh, President Trump's nominee for the #SupremeCourt.
"Trump’s decision to set aside the convictions of Dwight Hammond Jr. and Steven Hammond could have major implications for how federal officials enforce rules on grazing and other activities on tens of millions of acres owned by taxpayers."
Illinois law professor Lesley Wexler analyzes the strategy of newly elected Mexican president Andrés Manuel López Obrador with respect to that country’s war on drugs and cartels—a strategy known as transitional justice. Wexler defines transitional justice and explains how the core components of transitional justice might serve as a good framework for addressing some of Mexico’s most daunting challenges.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by an appellate court in New York clarifying the rights of two adults who had a pre-adoption agreement but separated before actually adopting a child. Grossman praises the court for using language that would preserve the rights of lesbian co-parents broadly, but finding that the woman in this particular case is not a co-parent.
This evening, President Trump announced his nominee for the #SupremeCourt: Brett Kavanaugh.
Federal Judge Lynn Hughes was criticized by an appeals court for making ‘demeaning’ sexist remarks in a criminal case.
Chapman University Fowler School of Law professor Celestine McConville considers whether the US Supreme Court’s decision in Trump v. Hawaii establishes a new equal protection rule regarding when the presence of government animus will invalidate government action. McConville points out that under Trump, a stated nondiscriminatory justification will outweigh demonstrated animus, provided the means are “plausibly related” to that justification—a bar so low, she argues, it does a disservice to the integrity of equal protection doctrine.
"The court ruled that the alleged infringer was not guilty because, among several reasons, the way they used the content was different from the original content was used." #copyright
"Leading California lawmakers said Thursday they have reached an agreement on legislation that will create super-strong #netneutrality protections after the Federal Communications Commission voted to repeal its own regulations."
Illinois law professor Lesley Wexler comments on last week’s EU summit, in which the heads of state sought to address the immigration crisis affecting various countries in the European Union. Wexler describes the highlights of the resulting agreement and while cautiously optimistic, expresses concerns for what some of the longer term implications may be.
UNLV Boyd School of Law professor Leslie C. Griffin discusses the US Supreme Court’s recent decision in NIFLA v. Becerra, in which a 5–4 majority of the Court struck down a California law requiring crisis pregnancy centers to inform their pregnant patients about abortion options. Griffin explains why the majority’s decision can only be read as a strong anti-choice signal that will only grow stronger with Justice Kennedy being replaced.
Opinion: "[J]udges are supposed to put aside their political or partisan preferences and decide cases based on their understanding of what the law requires—even if it’s unpopular. That is a lot to ask of anyone—but election pressures can make that job even harder."