Faculty Commentary

Much needed legislation, which reins-in use of algorithms to determine who stays in jail pending trial and who gets out, recently passed in the Idaho legislature. House Bill 118, sponsored by Representative Greg Chaney (R-Caldwell), is first-of-its-kind legislation that addresses inherent flaws in the criminal justice system. The bill calls for the algorithms to be [...]

READ MORE
© WikiMedia (NOAA Great Lakes Environmental Research Laboratory)

Toledo, Ohio residents last month overwhelmingly voted in favor of the innovative Lake Erie Bill of Rights (LEBOR), an amendment to the city charter which declares Lake Erie has enforceable legal rights. What that vote signals may turn out to be more important to Lake Erie than the well-intentioned but legally flawed LEBOR itself. LEBOR [...]

READ MORE
(c) Wikimedia (Dan Scavino, Jr.)

In the continuously unsettling matter of Otto Warmbier, Donald Trump and Kim Jung Un, a key legal point has been overlooked or obscured: Whether or not the North Korean leader actually knew of Mr. Warmbier’s brutal treatment, torture and death, he remains fully responsible for this crime under pertinent law. This is primarily because of [...]

READ MORE
© WikiMedia (Tony Webster)

The Consumer Financial Protection Bureau (CFPB) is considering rolling back payday and title loan regulations designed to protect consumers from dangerous debt traps. Considered part of America’s democratization of credit, payday and title loans are offered by a multi-billion-dollar industry that is growing at a rate that far exceeds the rest of the financial services [...]

READ MORE
Photo by rawpixel.com from Pexels

In the 2018 elections, women played a larger role than in any other election in American history. The record-breaking number of women running for US senate, house, and gubernatorial seats motivated media outlets to label 2018 another “Year of the Woman.” The first “Year of the Woman” was in 1992, when an unprecedented influx of women entered [...]

READ MORE
© WikiMedia (Tony Webster)

Under current leadership, the federal Consumer Financial Protection Bureau (Bureau) seems committed to only grudgingly protecting consumers from unfair and exploitative financial products.  In its strategic plan, former Acting Director Mick Mulvaney explained that the Bureau had “committed to fulfill the Bureau’s statutory responsibilities, but go no further.”  This language aligns with Mulvaney’s earlier change [...]

READ MORE

The Department of Health and Human Services (HHS) recently issued proposed regulations that could enhance the value of electronic health information. Specifically, the proposed regulations focus on the areas of interoperability and patients’ access to their health data. Electronic health information is a relatively new phenomenon. It became a subject of national importance in 2004, [...]

READ MORE
© WikiMedia (Victorgrigas)

Recently, a District Court Judge in Iowa struck down a law passed in the spring of 2018 which would have barred abortions after a fetal heartbeat could be detected by means of a vaginal ultrasound. The exceptions included cases of medical emergency, or medically necessity, severe fetal defects, or when the fetus was conceived through [...]

READ MORE