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    Reducing Community Violence While Protecting Civil Rights

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    Biden\u27s Executive Order Puts Civil Rights Rights in the Middle of the AI Regulation Discussion

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    A Renewed Analysis of the Expedited Actions Rules in Texas Courts

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    In October 2021, the Texas Office of Court Administration (OCA) and the National Center for State Courts (NCSC) returned to the question of whether the Expedited Action Rules (EARs) adopted in 2012 in Texas were continuing to have a positive impact on civil case processing. With new funding from the State Justice Institute (SJI), the NCSC, OCA, and the Institute for the Advancement of the American Legal System at the University of Denver, set out to replicate a 2016 study. Using the same research methods, the project team gathered data from the district and county courts in Dallas, Fort Bend, Harris, Lubbock and Travis Counties and surveyed and interviewed judges and trial attorneys about their experience with the EARs. The primary objective was, again, to determine whether the EARs were being implemented and followed, and whether they have a positive impact on case outcomes. The working hypotheses are that cases subject to the EARs will resolve more quickly compared to cases that are exempt from the rules, that discovery conflicts will be fewer in EARS cases with less time spent on discovery, and that more cases will resolve by settlement. In short, the EARs and strong case flow management principles provide key tools for judges to prioritize and manage the efficient and fair administration of their civil dockets. This report describes the data and methods, findings, and conclusions from the new study, including recommendations to support the Texas Judiciary in returning to best practices and moving the courts forward across the state. This abstract has been taken from the authors\u27 introduction

    International Bridges to Justice in Geneva, Switzerland

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    Jayli Esber will intern at IBJ’s headquarters in Geneva, Switzerland. Jayli, who has studied Arabic and the Middle East, will contribute to IBJ’s work training Syrian lawyers who are defending people accused of ordinary crimes in the context of war

    Civil Procedure Is What It\u27s All About : Law School Dean A. Benjamin Spencer Reflects on Career

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    Political Risk Management

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    The COVID-19 pandemic and social unrest have focused considerable corporate attention on political risk. The disruptions to company operations are voluminous and diverse: entertainment and hospitality industry closures, airline industry cancellations, eviction moratoriums in residential real estate, international trade interruptions, manufacturing supply shortages, employee vaccination mandates, and ride-hailing service restrictions. Enterprise risk management (ERM) is the mechanism through which boards and their respective firms can manage complex political risks. In the current business climate, more companies should emphasize and integrate political risk oversight in their ERM programs. Although neglecting political risk may not trigger legal liability from regulators or courts, it can cause significant financial and reputational loss to the company. Contemporary corporate boards should not operate with political blinders; they must remain politically sensitive. Politics should not be avoided but managed in a nuanced way pursuant to effective board oversight of ERM. Board political sensitivity is an issue of risk management rather than “wokeness.” Companies must contend with courts of law and the court of public opinion, each with its own distinct rules. Missteps in the latter may injure the corporation more seriously than unfavorable judgments in the former. The failure to manage political risk is not in the best interests of the corporation. This Article adds to the legal literature in three important areas. First, it situates political risk within the contemporary ERM discussion. Second, it re-examines how corporations engage with politics in the contemporary context. Finally, it contributes to theories that posit the large modern corporation as a quasi-public institution and argues, with some caveats, that it functions as a quasi-political institution, mandating more robust board oversight of political risks

    Given Equal Weight Under the Law: Expanding Title VII Protections to Prohibit Weight Discrimination

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    Approximately half of Americans have an overweight or obese body mass index (BMI), yet weight discrimination is legal in nearly every jurisdiction. This means employers can set BMI limits, maximum weights, waist sizes, and more with no legal consequences. This Note examines the history of anti-fat bias and weight discrimination and how that motivates weight discrimination in employment and in the law generally. It then discusses possible solutions. Currently, most scholars propose prohibiting weight discrimination on a state level through legislation similar to Michigan’s Elliott-Larsen Civil Rights Act or on a federal level by recognizing obesity as a disability protected under the Americans with Disabilities Act (ADA). This Note proposes prohibiting weight discrimination by adding “weight” as a category protected under Title VII. As the cases discussed in this Note demonstrate, this is the most efficient and effective way to protect fat and non-fat employees alike from experiencing weight discrimination in the workplace. This Note discusses how Title VII would enable fat employees, in particular, to allege weight discrimination without needing to either prove that their weight physically disables them or having their weight deemed disabling regardless of its impact on their abilities. Employers should not be able to refuse to hire or to terminate an employee because of harmful stereotypes about fat people. Prohibiting weight discrimination on a federal level through Title VII would be an important step towards creating more inclusive work environments for all

    Jeffrey Bellin - Mass Incarceration

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    Joshua B. Hoe interviews Jeffrey Bellin about his book Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it can Recover

    Alcohol Misuse and Gun Violence: An Evidence-Based Approach for State Policy

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    During the COVID-19 pandemic, excessive drinking increased by 21% and alcohol-related deaths increased approximately 25%.6 At the same time, gun sales increased by 40%, gun homicides by 35%, and gun suicides had the largest one-year increase ever recorded. These alarming trends urge us to think about alcohol misuse as a risk factor for gun violence. To better understand this connection, the Consortium, in partnership with the Center for Gun Violence Solutions, developed this report to highlight the available research to inform policy. As detailed in this report, alcohol misuse is associated with a risk of dangerous firearm behaviors, interpersonal firearm violence, and gun suicide. Although data about how this dangerous intersection affects different communities is limited, people of color are disproportionately affected by both gun violence and alcohol misuse. [...] The comprehensive approach of this report highlights the often-unexplored link between alcohol and gun violence. It is intended to become an essential resource for researchers, practitioners, policymakers, law enforcement professionals, and others working to reduce gun violence. This abstract has been adapted from the report\u27s introduction

    Legal Resources Centre in Cape Town, South Africa

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    Aria White will contribute to LRC’s mission of providing free legal assistance to South Africans dealing with the after-effects of apartheid. The Centre focuses on eliminating persistent inequalities that underlie structural and intergenerational economic and social discrimination. It was founded on the idea that lawyers have a particular responsibility in the face of gross injustices

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