LAW IN THE HEADLINES FALL 2023
Material Prepared to be Shared in Class is Available at http://www.lharpaz.com/ContinuingEd/CLL/fall2023lawinheadlines.html
I welcome your suggestions for other subjects you’d like to hear
about. Please use the following link if you would like to make
suggestions for topics you would like covered in upcoming
classes:
http://www.lharpaz.com/ContinuingEd/CLL/2023suggestions/
Class 8 - Nov. 2, 2023
Fla. Stat. §§ 106.011(3)(e):
(3) “Candidate” means a person to whom any of the following
applies:
(a) A person who seeks to qualify for nomination or election by
means of the petitioning process.
(b) A person who seeks to qualify for election as a write-in
candidate.
(c) A person who receives contributions or makes expenditures,
or consents for any other person to receive contributions or
make expenditures, with a view to bring about his or her
nomination or election to, or retention in, public office.
(d) A person who appoints a treasurer and designates a primary
depository.
(e) A person who files qualification papers and subscribes to a
candidate’s oath as required by law.
However, this definition does not include any candidate for a
political party executive committee. Expenditures related to
potential candidate polls as provided in s. 106.17 are not
contributions or expenditures for purposes of this subsection.
Goldsmith Photo and Warhol Orange Prince
§107 · Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the
fair use of a copyrighted work, including such use by
reproduction in copies or phonorecords or by any other means
specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement
of copyright. In determining whether the use made of a work in
any particular case is a fair use the factors to be considered
shall include—
(1) the purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value
of the copyrighted work.
The fact that a work is unpublished shall not itself bar a
finding of fair use if
such finding is made upon consideration of all the above
factors.
Jack
Daniel's Whiskey Bottle and Bad Spaniels Dog Toy
Class 7 - Oct. 26, 2023
Interest Rates and Fees for Federal Student Loans - https://studentaid.gov/understand-aid/types/loans/interest-rates
Anti-Terrorism
Act: Civil Remedies
(a) Action and Jurisdiction.—
Any national of the United States injured in his or her
person, property, or business by reason of an act of
international terrorism, or his or her estate,
survivors, or heirs, may sue therefor in any appropriate
district court of the United States and shall recover
threefold the damages he or she sustains and the cost of
the suit, including attorney’s fees.
. . . .
(2) Liability.—
In an action under subsection (a) for an injury arising
from an act of international terrorism committed,
planned, or authorized by an organization that had been
designated as a foreign terrorist organization . . .
liability may be asserted as to any person who aids and
abets, by knowingly providing substantial assistance, or
who conspires with the person who committed such an act
of international terrorism.
U.S. Constitution, Article I, Section 9:
No money shall be drawn from the treasury, but in
consequence of appropriations made by law
Class 6 - Oct. 19, 2023
14th Amendment, Section 3:
No person shall be a Senator or Representative in Congress,
or elector of President and Vice-President, or hold any
office, civil or military, under the United States, or under
any State, who, having previously taken an oath, as a member
of Congress, or as an officer of the United States, or as a
member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a vote of two-thirds of
each House, remove such disability.
U.S. Constitution, Article I, Section 9:
No money shall be drawn from the treasury, but in
consequence of appropriations made by law
Class 5 - Oct. 12, 2023
John Anthony Castro FEC Form 2 Statement of Candidacy: https://docquery.fec.gov/pdf/236/202201309475556236/202201309475556236.pdf
14th
Amendment, Section 3:
No person shall be a Senator or Representative in
Congress, or elector of President and Vice-President, or
hold any office, civil or military, under the United
States, or under any State, who, having previously taken
an oath, as a member of Congress, or as an officer of
the United States, or as a member of any State
legislature, or as an executive or judicial officer of
any State, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies
thereof. But Congress may by a vote of two-thirds of
each House, remove such disability.
Class 4 - Oct. 5, 2023
14th Amendment, Section 3:
No person shall be a Senator or Representative in Congress, or
elector of President and Vice-President, or hold any office,
civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress,
or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States, shall
have engaged in insurrection or rebellion against the same, or
given aid or comfort to the enemies thereof. But Congress may by
a vote of two-thirds of each House, remove such disability.
U.S. Constitution, Article I, Section 9:
No money shall be drawn from the treasury, but in consequence of
appropriations made by law
Class 3 - Sept 28, 2023
The Elections Clause - Art. I, Sec. IV, Clause 1:
The Times, Places and Manner of holding Elections for Senators
and Representatives, shall be prescribed in each State by the
Legislature thereof; but Congress may at any time make or
alter such Regulations, except as to the Place of chusing
Senators.
Class 2 - Sept. 21, 2023
Justice Sotomayor's dissenting opinion:
1. “Today, this Court stands in the way and rolls back decades
of precedent and momentous progress. It holds that race can no
longer be used in a limited way in college admissions to
achieve such critical benefits. In so holding, the Court
cements a superficial rule of colorblindness as a
constitutional principle in an endemically segregated society
where race has always mattered and continues to matter. The
Court subverts the constitutional guarantee of equal
protection by further entrenching racial inequality in
education, the very foundation of our democratic government
and pluralistic society. Because the Court’s opinion is not
grounded in law or fact and contravenes the vision of equality
embodied in the Fourteenth Amendment, I dissent.”
2. “Today, this Court overrules decades of precedent and
imposes a superficial rule of race blindness on the Nation.
The devastating impact of this decision cannot be overstated.
The majority’s vision of race neutrality will entrench racial
segregation in higher education because racial inequality will
persist so long as it is ignored.”
3. “Notwithstanding this Court’s actions, however,
society’s progress toward equality cannot be permanently
halted. Diversity is now a fundamental American value, housed
in our varied and multicultural American community that only
continues to grow. The pursuit of racial diversity will go on.
Although the Court has stripped out almost all uses of race in
college admissions, universities can and should continue to
use all available tools to meet society’s needs for diversity
in education. Despite the Court’s unjustified exercise of
power, the opinion today will serve only to highlight the
Court’s own impotence in the face of an America whose cries
for equality resound. As has been the case before in the
history of American democracy, ‘the arc of the moral universe’
will bend toward racial justice despite the Court’s efforts
today to impede its progress.”
Justice Jackson's dissenting opinion:
“With let-them-eat-cake obliviousness, today, the majority
pulls the ripcord and announces ‘colorblindness for all’ by
legal fiat. But deeming race irrelevant in law does not make
it so in life. And having so detached itself from this
country’s actual past and present experiences, the Court has
now been lured into interfering with the crucial work that UNC
and other institutions of higher learning are doing to solve
America’s real-world problems.
No one benefits from ignorance. Although formal race-linked
legal barriers are gone, race still matters to the lived
experiences of all Americans in innumerable ways, and today’s
ruling makes things worse, not better. The best that can be
said of the majority’s perspective is that it proceeds
(ostrich-like) from the hope that preventing consideration of
race will end racism. But if that is its motivation, the
majority proceeds in vain. If the colleges of this country are
required to ignore a thing that matters, it will not just go
away. It will take longer for racism to leave us. And,
ultimately, ignoring race just makes it matter more.”
Link
to material posted by the U.S. Dept. of Education in aftermath
of Harvard and U.N.C. decisions (see specific links to Dear
Colleague Letter and Questions and Answers Resource contained
in the document)
The Elections Clause - Art. I, Sec. IV, Clause 1:
The Times, Places and Manner of holding Elections for Senators
and Representatives, shall be prescribed in each State by the
Legislature thereof; but Congress may at any time make or alter
such Regulations, except as to the Place of chusing Senators.
Class 1 - Sept. 14, 2023
Title VI of the Civil Rights Act of 1964:
“No person in the United States shall, on the ground
of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance.”
Students for Fair Admissions v. President and Fellows of
Harvard College
Harvard’s list of benefits from a diverse student body:
“(1) ‘training future leaders in the public and private
sectors’;
(2) preparing graduates to ‘adapt to an increasingly pluralistic
society’;
(3) ‘better educating its students through diversity’; and
(4) ‘producing new knowledge stemming from diverse outlooks.’
UNC’s list of benefits:
“(1) promoting the robust exchange of ideas; (2) broadening and
refining understanding; (3) fostering innovation and
problem-solving; (4) preparing engaged and productive citizens
and leaders; [and]
(5) enhancing appreciation, respect, and empathy, cross-racial
understanding, and breaking down stereotypes.”