All posts filed under: Faculty in the Media

Trump is Trying to Cut the Public Out of Federal Rulemaking

Trump is Trying to Cut the Public Out of Federal Rulemaking President Trump issued three executive orders that, if upheld, will restrict public input into government rules and increase executive power to make them unilaterally despite SCOTUS’s decision to the contrary in Loper Bright. Prof. Craig Green warns that “he is trying to use Loper Bright as a mask or as a chess piece to try to push deregulatory policies” and “any judicial safeguards or backstops might not occur for a year, a year and a half- long after the politics have moved on to something else.”

Inside Philly’s hidden foster care system, where parents ‘voluntarily’ give up their children

Inside Philly’s hidden foster care system, where parents ‘voluntarily’ give up their children Philadelphia’s Dept of Human Services often removes children from their families under so-called “voluntary safety plans.” Prof. Sarah Katz warns they are anything but voluntary. “Legally, these voluntary safety plans are a much greater concern, because they can go on indefinitely, the parents are often not made aware of their rights, and the government takes as much control of the child as they would if they had them in their custody. It’s essentially a total denial of parental rights.”

As Trump seeks systemic change, does the US have an obligation to refugees?

As Trump seeks systemic change, does the US have an obligation to refugees? In a move experts say will test the reach of executive power, President Trump has placed the US Refugee Admissions Program, created by Congress with bipartisan support, on indefinite suspension. While what happens next is unclear, Prof. Jaya Ramji-Nogales thinks “the long-term ramifications for both the United States and the rest of the world will be unfortunate, to say the least.”

After historic indictment, doctors will keep mailing abortion pills over state lines

After historic indictment, doctors will keep mailing abortion pills over state lines New York and Louisiana are engaged in an escalating legal battle over “shield laws” intended to protect abortion care providers. Dean Rebouché, who helped draft the first such law, explains their purpose and why the interstate dispute could end up before the Supreme Court.

Trump Agency Firing Cases March Toward Receptive Supreme Court

Trump Agency Firing Cases March Toward Receptive Supreme Court As litigation over the president’s power to remove agency leaders moves through the courts, observers note that the Supreme Court has been eroding safeguards embodied in a 1935 decision, Humphrey’s Executor, for a long time. “There’s a lot of reasons to think Humphrey’s is on its last legs,” said Prof. Jane Manners.

Patent Damages on Tap as Full Federal Circuit Hears Google Case

Patent Damages on Tap as Full Federal Circuit Hears Google Case The Federal Circuit is being asked to restrict the kinds of evidence expert witnesses can describe to juries in Google’s appeal of a patent- infringement decision. Prof. Paul Gugliuzza says the case gives the appeals court a chance to “combat district judges’ temptation to avoid engaging with complex legal and evidentiary issues on patent damages by simply throwing everything to the jury.”