On August 28, 2023, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) published a new “Featured Topic” webpage on managed care oversight. The OIG’s Featured Topics include compilations of the OIG’s existing work related to a specific subject matter area and are updated as new material is published. Due to
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Joint letter from DOJ and ED signals increased scrutiny of online accessibility for institutions of higher education
On May 19, 2023, the U.S. Department of Justice, Civil Rights Division (“DOJ”) and the U.S. Department of Education, Office of Civil Rights (“OCR”) issued a joint letter (the “Letter”) to notify colleges and universities of recent enforcement actions it has taken against postsecondary institutions in relation to online accessibility. The Letter highlighted the DOJ…
Executive Session
A special parliamentary period when the Senate provides its prerogative on treaties, nominations, and other business. Executive Time The Founders established Executive Session in Article II, Section II of the Constitution, and it is a process that is unique to the Senate. Guidelines for the different categories of Executive Sessions are authorized in Senate Rule…
Time to develop protocols for responding to borrower defense claims (despite Sweet and Fifth Circuit injunction)
On August 7, 2023, the Fifth Circuit Court of Appeals issued a nationwide injunction in Career Colleges and Schools of Texas v. Cardona, preventing the U.S. Department of Education (ED) from enforcing the latest version of its borrower defense to repayment (BDR) rule, which was published in 2022 (2022 BDR rule). Meanwhile,…
Blog Browse: Heads Up! Last Day for I-9 Requirements
Employers who engaged in remote verification of Form I-9 documents will be required to inspect identity and employment eligibility documents again that were initially inspected remotely, which must be completed by August 30, 2023. Employers who utilized temporary flexibilities must inspect again the
identity and employment eligibility documents for those subject workers by
August 30,…
Judge Rules AI-Generated Art Is Not Copyrightable
In an August 18, 2023 decision, a judge ruled that works generated by artificial intelligence (AI)[1] are not copyrightable. This may have significant ramifications for protecting works created, in whole or in part, by AIs.Stephen Thaler owns a computer system called the “Creativity Machine,” which Thaler alleges generates pieces of visual work of its…
Free Desk Guide: How to Project D/E Rates Under the 2023 Proposed Financial Value Transparency & Gainful Employment Rule
On May 19, 2023, the U.S. Department of Education published its proposed “Financial Value Transparency and Gainful Employment” rule (the “GE Rule”). While this proposed rule covers a number of important topic areas for Title IV-participating institutions, including financial responsibility, administrative capability, and certification procedures, the most substantial element of the Department’s proposal…
Instagram's Embedding Tools and Copyright: Ninth Circuit's Ruling Explained
Instagram isn’t liable for copyright infringement because it provides embedding tools that allow third-party websites to retrieve and display copyrighted photos, according to a recent appellate decision. The Ninth Circuit Court of Appeals based its decision in Hunley v. Instagram on the fact that the third-parties’ servers never make copies of the photos during the…
Clerk of the House
An officer of the House of Representatives responsible for recordkeeping, correspondence, tracking floor proceedings, and managing the offices and staff of deceased or retiring members. Who’s the Boss? The clerk of the House of Representatives was initially a joint position with the Librarian of Congress. The first, John Beckley of Virginia, is credited with being one of…
Do You Have a Constitutional Right to Food? Understanding the Food Sovereignty Movement
Well, as of November 2021, if you live in Maine, you do. It’s the first state to give constitutional protection to the “right to food.” This constitutional amendment capped a growing and expanding “food sovereignty” movement in Maine that seeks to deregulate the state’s small-scale farming and food operations. Almost a year and…