Dear colleague . . . : A replication

Advocate General Tanchev delivered, a few days ago, his opinion in the case C-216/18 PPU concerning a set of European Arrest Warrants (EAWs) issued against LM, suspected of drug trafficking, by the Polish Authorities. The case concerns a reference for a preliminary ruling made by the Irish High Court, which questions the European Court of Justice (ECJ) on the obligation to execute a EAW when the “conditions in the issuing Member State are incompatible with the fundamental right to a fair trial because the system of justice itself in the issuing Member State is no longer operating under the rule of law”.

BECOMING HEIDEGGER: ON THE TRAIL OF HIS EARLY OCCASIONAL WRITINGS, 2007

English translation of the correspondence of Edmund Husserl and Martin Heidegger to and about each other from 1914 through 1934. Originally published in "Becoming Heidegger," ed. Theodore Kisiel and Thomas Sheehan (Evanston: Northwestern University Press, 2007)

This article examines the legal validity and effect of recent administrative actions concerning civil rights and social inclusion. Agencies under the Obama Administration issued " guidance " concerning sexual assault and harassment on college campuses, transgender rights, the use of arrest and conviction records in employment decisions, and deferral of deportation proceedings against undocumented immigrants. These actions have either been set aside by circuit courts or rescinded under the Trump Administration, in part on the grounds that they were issued without notice-and-comment rulemaking. Nonetheless, two district courts have blocked the Trump Administration's rescission of the deferred action program because the government failed to take into account the " serious reliance interests " the program had generated. I explore these controversies over guidance on social inclusion in order to address some of the most difficult and long-disputed questions of administrative law: what is the appropriate scope of the " guidance exception " to notice-and-comment rulemaking, and what kinds of legal effects, if any, can such guidance generate? Drawing on the philosophy of law to interpret the case law, I argue that guidance can provide a privileged reason for an agency to act, but cannot categorically mandate or prohibit any course of public or private conduct. I show how such non-binding actions can nonetheless generate legally cognizable interests when individuals and institutions rely on the guidance to make plans and investments, or to see their status or the harms they suffer recognized. These reliance interests need to be taken into account if the policy is to be rescinded. My argument has concrete consequences for the staying power of the policies federal agencies put in place during the Obama Administration. More broadly, it sheds light on problems of internal administrative procedure and judicial review of administrative action, as well as fundamental issues in jurisprudence concerning " the force and effect of law. "

Title IX has experienced a recent resurgence in popularity through the numerous sexual assault cases plaguing campuses across the nation. Various education and prevention programs have been created to combat this. Higher education institutions must remain fluent in the ever changing Title IX policies and procedures released to campuses from the Department of Education. Gender equity and nondiscrimination, especially in the form of sexual misconduct, is now a focal point on campuses across the country, and even in the spotlight of the federal government.

The way in which the Office of Civil Rights currently interprets Title IX using the Dear Colleague Letter holds educational institutions to sexual assault standards that are unconstitutional, problematic, illogical and based on inconclusive scientific evidence. Those who hold power, whether at the governmental or educational level, have a duty to their constituents and fellow human beings to reevaluate their actions when interpreting Title IX and the Dear College Letter.

2011

2018

Executive Summary: The Centers for Disease Control and Prevention (CDC) announced on September 27th, 2017 that people who take ART (antiretroviral therapy) daily as prescribed and achieve and maintain an undetectable viral load have no risk of transmitting the virus to an HIV-negative partner.1 While IAS maintains its former endorsement of CDC's formal statement2 and believes that scientific progress is paramount in global health governance, the preceding statement has been consequential regarding safe-sex practices within the men who have sex with men (MSM) community. IAS recommends CDC to issue a follow-up statement addressing its scientific progress in less-definitive language to prevent individuals and communities from developing misconceptions regarding disease transmission, and to highlight the continued importance of maintaining safe-sex practices and other low-risk behaviors. IAS urges CDC to conduct research within the MSM community to gain a better understanding of the reactions to its September statement to improve future public correspondence and to prevent social and behavioral setbacks when scientific advancements are publicized. Background:

This article—which is based on my work of nearly four decades representing victims of sexual violence and harassment—explores how Title IX has helped to reduce such discrimination, the continuing problem posed by sexual violence and sexual harassment at American universities, and some suggestions for improving the system.

Professional psychology, 2002

In the course of clinical and forensic work, psychologists sometimes discover serious weaknesses in knowledge, performance, or ethics in other psychologists' work. The ethical code of the American Psychological Association mandates confronting such a psychologist prior to making a professional complaint. This mandatory confrontation typically is omitted because of a sense of awkwardness or a fear of insulting the other psychologist. Education and training in psychology does not cover this sensitive and important area. In this article, sample templates of letters are provided to meet that ethical requirement and to begin to resolve problem behaviors by colleagues.