Winter 2022 Issue arriving in
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By: Aaron Clark
In the wake of the Black Lives Matter movement, many corporations have experienced public pressure to increase diversity in managerial and leadership positions. However, one potential legal challenge to race-conscious hiring practices has arisen from an unlikely place.
PRUNEYARD AND THE “REVOLVING DOOR”:THE GROWING CASE TO HOLD BIG TECH COMPANIES LIABLE FOR ABRIDGING THE FREEDOM OF SPEECH
By: Parker Jackson
It is well known that the First Amendment protects the freedom of speech. Many understand that traditionally the prohibition on abridging freedom of speech applied only to the federal government (“Congress shall make no law…”). Some are familiar with the 14th Amendment and its doctrine of incorporation, which imposed most of the restraints of the Bill of Rights on the states. Few, however, know that the Supreme Court has held that the ban on abridging the freedom of speech can sometimes extend to private actors as well.
By: Grace Diamond
President Biden signed the American Rescue Plan Act (“Act”) into law in early March 2021 promising impactful relief for many Americans from the coronavirus pandemic. The Act provides fourteen hundred dollar checks and an extension of unemployment benefits to eligible Americans. More substantially, the Act provides tens of billions of dollars of aid for businesses. But who is actually covered, how does this relief Bill differ from prior pieces of legislation and what does it mean for business owners across the country? Essentially, this Act, unlike its predecessors, is narrowly tailored towards specific industries and begins phasing out generally available relief funding for the business sector.
By: Monya Cohen
Due to the magnitude of sexual-abuse lawsuits filed by numerous Boy Scouts of America (“BSA”) adversaries, from both former and current Boy Scout members, BSA filed for Chapter 11 bankruptcy earlier this year. BSA is an extremely complex organization with several different levels of business, including an array of local councils that have charters through the BSA that run the day-to-day operations of the organization. For that reason, BSA poses one of the most complex financial restructurings in history. BSA has an estimated 275 lawsuits pending in state and federal courts asserting abuse-related claims against them. In addition, there are more 1,400 survivors with “to-be-brought” claims, and as a result, drove BSA to file for bankruptcy to determine survivor’s damages, as well as keep the organization running without completely dissolving it
By: ALEXANDER RUDOLPH
To say that the 2020 election cycle was tumultuous, would be like referring to the Cuban Missile Criss as stressful. Amidst the myriad of election lawsuits and disinformation scandals that threatened American democracy over the past year has arisen a new question; how far can someone go when advocating issues of national importance without crossing a line? What duties, if any, do broadcasters really have in verifying claims that were also made in court? While all of those will likely remain open legal questions, by examining the largest defamation suit to come out of the 2020 election we can better understand the new scrutiny facing lawyers and broadcasters alike, and hopefully that knowledge will serve to caution others from emulating this behavior in the future.
By: Tim Hamilton
In February 2021, Texas experienced extraordinary winter weather for four days. As a result of the freezing temperatures, Texans faced rolling blackouts across the state. Current reports estimate that over sixty percent of Texans lost power at some point during the winter storm. Public outrage was severe, and lawmakers vowed to pass new regulations to ensure the power supply will not be impacted by winter weather again. Other states will certainly study what went wrong in Texas to ensure their electric grid is able to withstand winter weather.
By: Vanessa Stockwill
We often muse that “nothing is certain but death and taxes.” However, remote sellers were able to evade the latter until 2018 because a series of Supreme Court decisions held that sales taxes levied against out-of-state businesses are unconstitutional unless the seller has a physical presence inside the state. Because of this requirement, Arizona—like many states—requires customers to pay a use tax on any purchase for which the seller doesn’t collect a sales tax. Since it is impractical to enforce this schema, the physical presence requirement effectively gave remote sellers a tax advantage over businesses with in-state employees, stores, or other physical presence.