Posts tagged with "law"

Ontario’s Online Gambling Market Launches in April

Ontario’s government has officially launched its first phase of the province’s new regulation scheme for online gambling. In a news release, the government says the law will regulate online gambling in a manner similar to brick-and-mortar sites and will give “a safe and responsible path to a more dynamic industry.” The law allows commercial online gambling in the province for the first time. The Progressive Conservative government says it also has several announcements planned for the coming days, including details about the upcoming launch of an online games room, a new provincial licensing regime for casinos, and an investment agreement for an online poker site. Starting from April, gamblers can enjoy a safe and risk-free gambling experience at top casinos from CasinoLuck.ca ratings and reviews. 

Government of Ontario Supports Growth of Industry and Protects Ontario Players

Gambling online has exploded in Ontario in the past two years, and the provincial government has introduced a system of regulation and oversight to ensure that consumers have a safe and responsible path to a more dynamic industry. The first phase of the law went into effect on April, 4 and allows licensed commercial online gambling.

Finance Minister Dwight Duncan stated:

“This legislation will introduce significant new revenues into Ontario’s gaming and economic development strategy while protecting the integrity of Ontario’s gaming operations. Regulating online gambling in Ontario as it does in Ontario brick-and-mortar casinos will ensure that the government has the right tools to protect Ontario’s people from criminals and that gaming is conducted in a manner that is fair to all Ontarians. I thank all those who have worked hard to make this important and significant change in Ontario’s gaming policy.”

The legislation received Royal Assent will provide Ontario-licensed online gambling companies with a regulated business environment, which includes an independent regulator, licensing, taxation, and consumer protections. The new framework aligns Ontario’s regulatory policies and approaches with those of other jurisdictions. This is something that a well-versed casino veteran Mason Barrington believes to bring the online gambling segment in Canada to a new level. Being an experienced gambler, Mason knows what he is saying.

The government’s regulation of online gambling includes the following statements:

  • A new independent Gambling Commissioner will be responsible for ensuring that the integrity of Ontario’s licensed online gambling activities is maintained and protected;
  • The OAG (Ontario’s Anti-Gambling Enforcement Unit) will continue to investigate and prosecute those who attempt to use online gambling to commit fraud or money laundering;
  • Regulations will ensure fair and consistent rules and policies are applied to online gambling and are administered independently from licensed online gambling operators;
  • The government will invest $70 million annually into the Ontario Lottery and Gaming Corporation for the next four years and will increase those revenues to $130 million annually;
  • Revenues from the new online gambling system will be used for things like health care and education. Ontario is the only jurisdiction in the country to guarantee that revenue from a regulated online gambling system goes to health care and education;
  • The province will collect at least $30 million annually from fees paid by online gambling companies;
  • Ontario’s legal age to gamble online will be set at 18 years.

Starting from April, licensed online gambling companies are allowed to offer internet-based gambling activities in Ontario. Licensed online gambling companies can provide their products and services under the existing regulations set by the OLG and other gambling companies. They will need to comply with the existing rules which include:

  • Minimum age of 18 years to gamble online;
  • No player can receive the same cash payment for the same product more than once;
  • Payment to players must be in accordance with a players bank account;
  • Licensed online casinos must comply with the Gambling Bill and with the OLG Code;
  • All online gambling services must be independently administered, regulated, and audited by an approved independent audit firm.

Gambling companies operating in Ontario must submit their application and receive their licenses prior to February 1, 2012.

Gaming Minister Christine Elliott noted:

“Since online gambling has grown into a $3.7 billion industry in Ontario, we knew we had to act to protect players and bring fairness and responsibility into Ontario’s online gambling industry. As a result of the extensive consultations, we have had with both industry players and gaming experts, and the careful considerations we have taken into account, the government has adopted the online gambling policy we believe is best in the province.”

Online gambling is the fastest-growing segment of the gaming industry in Ontario. As the government’s policy is consistent with similar legislation implemented by the government in other jurisdictions, this new legal framework will provide a safe and responsible pathway for online gambling in Ontario. This is the next phase of Ontario’s policy development for the emerging online gaming industry.

The government also is announcing several important announcements in the coming days:

In response to concerns from consumers and retailers, the government will be announcing a new initiative that will set a minimum retail price for video lottery tickets and online games in Ontario. This will allow retailers to offer the same price for their products, but with a minimum price to ensure consumers are able to access these games. Retailers have expressed concerns that the minimum price for games will not apply to brick-and-mortar casinos in the province. The government will be announcing a new voluntary agreement that allows brick-and-mortar casinos to sell products at a fixed price in a retail format.

The government will also be announcing plans to provide a safe environment for online poker in the province. A government-appointed Independent Advisory Board will be established and will conduct an independent review of the industry. The Board will examine issues, such as the regulation of online poker, gambling addiction, and the effectiveness of self-exclusion policies, and will make recommendations to the government on a regulatory approach for online poker, including the licensing of new companies and the continued operation of existing companies. The Advisory Board will also be developing a strategy for a new Ontario online games room, which is expected to be launched early next year.

Final Say

Ontario’s new regulations for online gambling are consistent with those in place in other jurisdictions. In the province, revenues will be invested in health care and education. Gambling-related revenues will be collected and controlled by the Ministry of Finance and distributed as required by law. The government will maintain an annual review of the new system to ensure that it meets the needs of the Ontario economy and to protect the integrity of the gaming sector.

Ontario is currently one of the most competitive jurisdictions for online gambling in North America. The local government’s modernized gaming regulations will ensure that Ontario will continue to lead the way as the province that develops and regulates a safe and dynamic online gambling industry.

Baby via 360 Magazine

IVF Contracts

Natalia Wilson, managing partner of Ain & Bank, is one of the most highly respected attorneys in Washington D.C. and is one of the nation’s leading matrimonial lawyers. Ain & Bank is a boutique law firm offering bespoke legal solutions and protections to some of the country’s most high-profile individuals from captains of industry to leading figures in the entertainment and sports world.

Wilson consults with clients who require advice and firm guidance to resolve matters of relationship breakdown, management of custody disputes, and preparation of prenuptial agreements. In addition, Wilson is at the cutting edge of what the legal world refers to as “modern family creation” advising clients on the legal implications of assisted routes to parenthood including in vitro fertilization (IVF), surrogacy, and more.

The miracle of pregnancy and childbirth is revered by cultures across the globe. The creation of life on earth forms the basis of mythology, old wives’ tales, and spiritual teachings that have endured since ancient times. This combined with cultural and social expectations, makes many couples feel pressure to conceive. According to the U.S. Dept. of Health & Human Services’ Office on Women’s Health, approximately 10 percent, or 6.1 million couples face infertility issues annually.

Expectant couples flaunt photographs of pregnancy gender reveals, birth announcements, baby showers, and beautiful, happy families celebrating on social media—adding to the pressure and disappointment for couples unable to conceive. For many, assisted routes to parenthood are the only options for possible conception.  

Every year, thousands of intended parents decide to pursue modern family creation. Thanks to modern technology and the normalization of gestational carriers, IVF and surrogacy are popular options for many. But what are the potential pitfalls of such an arrangement?

“Although I’m a divorce lawyer by trade, nothing gives me more pleasure than to see couples embark on the journey of parenthood,” said Wilson.  “Modern family creation is a dynamic area of family law and, unlike marriage, one in which many couples do not think about what might happen should their relationship end”.

Wilson points to the recently reported Virginia case of Jessee v. Jessee as a cautionary tale in which a trial court’s award of a frozen embryo to the wife in a divorce matter was reversed by the Court of Appeals. Wilson uses this judgment to illustrate the hurdles that some intended parents with stored embryos may face down the road and provides some helpful advice about what to consider when embarking on IVF.

Here are tips that couples should consider:

Is there a contract in place regarding what should happen to the frozen embryos in the event of relationship breakdown or divorce?

It is common for fertility clinics to provide proforma contracts stating that the ownership and/or rights to embryos are to be directed by court decree or settlement agreement. If the court has not yet issued a decree and if the parties have not reached a settlement agreement, there is no contract in place directing who should be awarded the embryos.

Don’t wait until things turn sour to determine the fate of the embryos. Spend time talking to each other about parenthood and what it means to each of you. Engage with experienced professionals who can represent your individual interests to draft an agreement much like a prenuptial agreement resulting in a contract recording what will happen to the embryos should the relationship end.

What does the court consider if it all goes wrong?

When parties do not have a contract in place dictating who should be awarded frozen embryos, the court will work to understand the interests of each party. The court will want to know why the parties engaged in IVF, whether each party is physically able to have biological children through other means and the impact that that carrying an embryo to term would have on the intended parent who may no longer wish to have children. The court will also try to understand whether one party is seeking the embryos simply to punish their former partner by preventing them from being awarded the embryos.  The court has broad discretion.  

Will the court compensate you financially if your ex-partner is awarded the embryos?

No. The issue of financial compensation is something clients struggle with. Many clients believe that to quantify the value of an embryo is tantamount to placing a monetary value on life. Others feel that it is their right to be awarded compensation in exchange for their genetic material.

Consider the full force impact of parenthood

When couples decide, whether by necessity or design, to embark on a journey to freeze embryos they must fully consider the implications of their choice. Although events leading to a decision to engage in IVF may have been painful, couples are afforded the time and space to think about the commitment they are making. Parenthood requires that couples recommit to each other as a parenting team and to the life for which they may ultimately be responsible.  Think about why you want to be a parent and what it is about your partner that you think will make them a great co-parent.

Talk to each other

How does your partner articulate their desire to parent? Are you entering parenthood to please each other? Does one of you want to parent a child more than the other? If your partner is more apprehensive than you are that doesn’t necessarily mean that they will be a bad parent. Trust your instincts and communicate openly and honestly. 

Don’t get swept up in the wave

Even when pursuing IVF treatments, it is all too easy to get swept up in the idea of parenthood because it is something that society expects. The path to parenthood is not created equal and the strain couples experience when undergoing assisted fertility treatments can place a real burden on an otherwise carefree relationship. Work to futureproof from the very first steps you take, preparation and planning may just help to prevent great heartache down the road.

“Creating a family is not something anyone should rush into,” said Wilson. “Make sure that you work together as a couple to thoughtfully and fully think through all of the potential future scenarios and address them.” She added, “Although we all hope that we’ll live happily ever after, it’s always better to be prepared, and having these in-depth discussions upfront will help you to better understand each other and become a stronger team.”

Lawsuit illustration by Heather Skovlund for 360 Magazine

Four Questions to Ask Your Personal Injury Attorney

Meeting with a lawyer for the first time can be stressful, especially when you’re pursuing an important personal injury case. Need some help figuring out what to ask? Here are a few helpful suggestions:

How Much Will This Case Cost Me?

One of the most important factors to consider before pursuing a personal injury case is if it’s worth the time and effort. One way to decide that is to find out how much it will cost you. That means asking your injury attorney what their fees are.

Most lawyers work on contingency, meaning they only get paid if you win the case, in which case the amount they received is based on a percentage of your settlement. It’s also worth checking what advance costs (filing fees, medical record retrieval fees, expert witness fees, etc.) you’re liable for if you don’t win.

What Could My Settlement Be Worth?

Another major factor in deciding if a case is worth pursuing is how much you stand to gain from it. Injury attorneys can calculate an estimated settlement amount for you based on things like the cost of your medical bills, any property damages you may have suffered, wages lost due to missed work, and more.

Getting an idea of how much you can expect from a settlement is good not only for helping you choose whether or not to pursue your case, but also if a certain lawyer’s terms are acceptable to you, or if you should consider hiring someone else instead.

What Will My Role in the Case Be?

Different lawyers work in different ways. Some require a high level of participation from their clients, while others are happy to work on things on their own and only contact you when they need information. Likewise, you may want to take a more active role or you may prefer to leave it in their hands.

Whatever your preference, it’s important to know what is expected of you, and also for your injury attorney to know what you expect of them. Establishing these things through clear and upfront communication is vital to the success of any personal injury case.

How Much Experience Do You Have?

One of the most important factors to consider when hiring a lawyer, if not the number one most important factor, is how much experience that lawyer has with cases similar to yours. Even if a lawyer has worked on numerous personal injury cases over the years, there are different kinds of cases within that milieu.

From car accidents to work-site injuries to commercial negligence, an attorney can work for many years without once representing a case like yours. If you want the very best representation possible, you want to know that the lawyer you’re talking to has had both experience and success in cases like yours.

Heather Skovlund computer illustration for use by 360 Magazine

Global Commitment to Cybersecurity

According to a recent study by the Atlas VPN team, the United States, United Kingdom, and Saudi Arabia lead in commitment to cybersecurity.

As technologies continue to evolve, governments around the world must face the reality of cyber threats and adapt their security practices. A study reports on countries’ scores on the Global Cybersecurity Index (GCI), varying cybersecurity training and practices, and additional statistics which help to create a fuller picture of the global relationship to cybersecurity.

A GCI score is given by evaluating each country’s commitment to legal, technical, organizational, capacity development, and cooperation indicators. The United States earned a perfect score of 100, getting all 20 points in each GCI indicator. However, while the US has the most cybersecurity resources, the latest cyberattacks on Americans have shown room for improvement.

The United Kingdom follows behind, scoring 99.54 points in GCI. The score indicates that the UK has to employ more computer incident response teams, enabling a country to respond to incidents at the national level using a centralized contact point and promote quick and systematic action.

Saudi Arabia shares second place, getting the same score of 99.54 as the UK. While being one of the fastest developing countries, Saudi Arabia has placed great importance on cybersecurity.

Estonia takes the fourth slot as they scored 99.48, losing just half a point in the capacity development indicator. Estonia has become one of the heavyweights in cybersecurity with a high-functioning central system for monitoring, reporting, and resolving incidents.

The Republic of Korea, Singapore, and Spain all share fifth place, scoring 98.52 points. 

Cybersecurity writer and researcher at Atlas VPN William Sword shares his thoughts on the current cybersecurity landscape, “Beyond co-operating within countries, Global Cybersecurity Index leaders could help less developed countries address cybersecurity challenges. For example, creating a strategy or sharing good cyber practices can help reach more balanced and robust security against cyber threats.”

Lack of cybersecurity training 

One of the reasons why cyber attacks continue to increase is a lack of cybersecurity education and training.

Just 46% of countries provided specific cybersecurity training for the public sector and government officials. Employees in these fields usually work with a lot of sensitive or confidential information, which is why education on cybersecurity is essential. 

Meanwhile, 41% of countries provided cybersecurity training to small and medium enterprises or private companies. Businesses often become targets for hackers as the latter can easily profit off of stolen data or ransomware attacks. While more prominent private companies can afford cybersecurity experts, smaller businesses do not have such luxury.

Law enforcement agents received educational cybersecurity programs in only 37% of countries, while only 31% of countries provide training to judicial and legal actors. This training may help officers and executors of the law understand how hackers think, identify the tools that hackers use to commit attacks, and ultimately prevent and protect from future cybercrime.

Beyond co-operating within countries, Global Cybersecurity Index leaders could help less developed countries address cybersecurity challenges. Creating a strategy or sharing good cyber practices can help reach more balanced and robust security against cyber threats.

illustration by Maria Soloman for use by 360 MAGAZINE

Joe Collins on Qualified Immunity

Joe Collins Discusses Maxine Waters Demanding Qualified Immunity for Police be Banned

What is qualified immunity?

“Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.

Why qualified immunity is important

  • If qualified immunity is banned, it will be impossible for a police officer to properly do their job, knowing that any sort of error in judgment in a high-pressure situation, could lead to them being prosecuted.
  • Violent crime in cities like Los Angeles could spiral even more out-of-control if cops are not equipped to do their duties to protect citizens in danger.
  • Waters has taken radical stances time-and-time again. Her views are not in the best interests of her constituents and are in fact putting people’s lives in danger if these sorts of arguments actually win out.

The Major Point
The fight to destroy the police as a barrier of law and protection for the American people, particularly in crime-ridden areas, has now reached the national stage. If qualified immunity is passed in some sort of anti-police bill, people’s lives will be at risk. Joe can talk about what he has seen in his own community, and why it is so important for law enforcement to be able to do their jobs for everyone’s well-being. Joe comments that “One of the best ways is to start rewriting laws to hold public officials and law enforcement accountable for their actions whether good or bad,” when asked to further support his argument for wanting to keep qualified immunity from being banned.  

Joe believes that most things in life are merely a matter of perspective, there is no one size fits all solution that will solve all problems but through collaborative efforts we can get pretty darn close. Trying to bring a balanced perspective to every situation, Joe says that “As an elected official, I would rather engage with the community when making decisions that will impact their lives in a creative manner. One thing that I will do that my opponent does not do is actually show up and be present in my community. We will rebuild our community, improve our education system and bring back quality jobs so our people can get to work.”

About Joe:
Joe’s passion to serve others started at an early age and earned him the nickname “GI Joe.” Ironically, he was always intrigued by the Military and Prominent Leaders like George Bush, Ronald Reagan, George W. Bush, and John F. Kennedy.

Joe made the most important decision of his first step into adulthood. He was going to follow in the footsteps of the men he admired so greatly; Joe Collins joined the US Navy. Serving 13 and a half successful years as an Aviation Machinist Mate, Joe Collins worked and trained thousands of sailors on many types of aircraft including the F-18 Super Hornet, E6 Mercury, and the MH60 Sea-hawk.

With the help of the US Navy, he also became a licensed financial professional. Joe’s passion to help others also came in the form of becoming a Certified Counselor for rape and sexual assault victims as a sailor in the US Navy, Joe served during the successful campaign, “Operation Iraqi Freedom”. He also served in the recruiting duty area, where he earned numerous honors and awards. This was a role Joe enjoyed immensely, as he had the pleasure of jumpstarting the future careers for many of our young American leaders of today.

LGBTQ illustration by Heather Skovlund for 360 Magazine

Ten Anti-LGBTQ Bills Sit on Governors’ Desks

Ten Anti-LGBTQ Bills Sit on Governors’ Desks, Poised to Undermine Rights Across the Country

As a fast and furious effort led by national groups aiming to stymie LGBTQ progress made on the national level and in many states continues to intensify, ten anti-LGBTQ bills currently sit on the desks of governors across the country waiting to be signed into law. These bills are only the latest examples of a concerted effort in state legislatures to undermine LGBTQ rights that has already resulted in the passage of several anti-LGBTQ pieces of legislation in recent months.

“State legislators across the country were elected to represent all of us, not just some of us and yet they continue to send hateful and discriminatory anti-LGBTQ bills to the desks of governors to sign into law, threatening the well-being, health, and fundamental rights of thousands of LGBTQ Americans in states from coast to coast,” said Human Rights Campaign President Alphonso David. “From anti-transgender sports bans to erasing LGBTQ people from school curriculum, these bills are driven by fear and would have a significant negative impact on the lives of so many LGBTQ people. The governors of these states are responsible for protecting their citizens, and they must refuse to sign these baseless and unconscionable cruel bills into law.  Otherwise, they should and will be held accountable for the consequences.”

These bills include blatant attacks on transgender youth, including prohibiting transgender kids from participating in school sports consistent with their gender identity, allow student organizations to discriminate against LGBTQ students under the guise of free speech, erase LGBTQ people from history books, and add substantial hurdles for transgender people who want to change the gender on their birth certificate by first requiring gender-affirming surgery.

Below is a roundup of the ten anti-LGBTQ bills currently sitting on the desks of governors:

  • ALABAMA
    • House Bill 391 – ANTI-TRANS SPORTS BILL
      • The Alabama Senate and House passed House Bill 391, an anti-transgender bill that would ban transgender youth from participating in school sports consistent with their gender identity. The bill now heads to Governor Kay Ivey’s desk for signature or veto.
  • ARIZONA
    • Senate Bill 1456 – SEX ED PARENTAL NOTIFICATION BILL
      • The Arizona State House passed Senate Bill 1456 – discriminatory legislation that affects not only sexual education material, but all learning materials in the classroom and makes it harder for LGBTQ kids to see themselves in school curriculum.
      • The bill, which would make Arizona’s sex education laws some of the strictest in the nation when it comes to teaching about LGBTQ issues, now heads to Governor Doug Ducey’s desk for consideration.
  • ARKANSAS
    • Senate Bill 389 – SEX ED PARENTAL NOTIFICATON BILL
      • The Arkansas Senate passed Senate Bill 389, a bill which would require a school district to notify parents before “providing a sexual orientation curriculum or gender identity curriculum” in any kind of instruction, including but not limited to education on sexuality.
      • In addition to making it harder for students kids to access sex education, it could also preclude discussion about sexuality more broadly, including in literature and history classes, for example. A district could be forced to notify parents, provide curriculum materials, and allow parents to opt students out of learning about important modern and historical events, from the A.I.D.S. epidemic to the Stonewall riots to even Supreme Court jurisprudence. This bill disproportionately disadvantages LGBTQ youth who may not have supportive families and put children at greater risk of health consequences.
  • KANSAS
    • Kansas Senate Bill 55 – ANTI-TRANS SPORTS BILL
      • The Kansas Senate passed Senate Bill 55, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.
  • MONTANA
    • Senate Bill 280    – BIRTH CERTIFICATE BILL
      • The Montana Senate passed SB 280, a bill that adds substantial hurdles for transgender people who want to change the gender on their birth certificate by first requiring gender-affirming surgery.
    • Senate Bill 215 – RELIGIOUS REFUSAL BILL
      • The Montana House passed SB 215, an expansive religious refusal bill that could grant a license to discriminate against Montanans and visitors, including LGBTQ people, people of faith, and women, across a wide range of goods and services in the state.
  • NORTH DAKOTA
    • House Bill 1503 – ANTI-ALL COMERS BILL
      • Many public colleges and universities have long had “all-comers” policies that require student organizations receiving financial and other support from the institution not to discriminate against students based on race, sex, religion, sexual orientation or gender identity.
      • These policies allow all members of the student body to participate in student organizations and prevent such organizations from discriminating against students with state funding. The Supreme Court upheld these all-comers policies as constitutional in the Christian Legal Society v. Martinez decision in 2010.
      • North Dakota HB 1503, in part, undermines inclusive “all-comers” policies at North Dakota public colleges and universities, by allowing student organizations to discriminate against LGBTQ students under the guise of free speech.
    • House Bill 1298 – ANTI-TRANS SPORTS BILL
      • The North Dakota Senate passed House Bill 1298, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.
  • TENNESSEE
    • Senate Bill 1229 – SEX ED PARENTAL NOTIFICATION
      • The Tennessee Senate passed Senate Bill 1229, a bill which would require a school district to notify parents before “providing a sexual orientation curriculum or gender identity curriculum” in any kind of instruction, including but not limited to education on sexuality.
      • In addition to making it harder for students kids to access sex education, it could also preclude discussion about sexuality more broadly, including in literature and history classes, for example. A district could be forced to notify parents, provide curriculum materials, and allow parents to opt students out of learning about important modern and historical events, from the A.I.D.S. epidemic to the Stonewall riots to even Supreme Court jurisprudence.
      • SB 389 also disproportionately disadvantages LGBTQ youth who may not have supportive families and puts children at greater risk of health consequences.
  • WEST VIRGINIA
    • House Bill 3293 – ANTI-TRANS SPORTS BILL
      • The West Virginia Senate passed House Bill 3293, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.

Wide range of businesses and advocacy groups oppose anti-trans legislation

  • More than 65 major U.S. corporations have stood up and spoken out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills.
  • The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

The NCAA opposes efforts to limit participation of transgender students

The NCAA Board of Governors released a public letter making clear that it “firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports.” Moreover, “When determining where championships are held, NCAA policy directs that only locations where hosts can commit to providing an environment that is safe, healthy and free of discrimination should be selected.” This puts the 30 states with discriminatory anti-transgender legislation under consideration on notice that their actions will have repercussions for their states.

A fight driven by national anti-LGBTQ groups, not local legislators or public concern

These bills come from the same forces that drove previous anti-equality fights by pushing copycat bills across state houses — dangerous anti-LGBTQ organizations like the Heritage Foundation, Alliance Defending Freedom (designated by Southern Poverty Law Center as a hate group), and Eagle Forum among others.

  • For example, Montana’s HB 112, the first anti-transgender sports bill to be passed through a legislative chamber in any state, was worked on by the Alliance Defending Freedom.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters

A new PBS/NPR/Marist poll states that 67% of Americans, including 66% of Republicans, oppose the anti-transgender sports ban legislation proliferating across 30 states.

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group last fall:

  • At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
  • At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
  • When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

Another more recent poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public’s strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that “sports are important in young people’s lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them.”

States that pass anti-transgender legislation suffer economic, legal, reputational harm

Analyses conducted in the aftermath of previous divisive anti-transgender bills across the country, like the bathroom bills introduced in Texas and North Carolina and an anti-transgender sports ban in Idaho, show that there would be or has been devastating fallout.

  • The Idaho anti-transgender sports bill that passed was swiftly suspended by a federal district court. The National Collegiate Athletic Association (NCAA) came out against the Idaho bill and others like it and subsequently moved planned tournament games out of Idaho.
  • The Associated Press projected that the North Carolina bathroom bill could have cost the state $3.76 billion over 10 years.
  • During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state.

The Human Rights Campaign is America’s largest civil rights organizations working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

scholastics illustration by sara davidson for 360 Magazine

Robert George Joins Pepperdine Faculty

Philosopher and Legal Scholar Robert P. George Joins Faculty at Pepperdine Caruso School of Law and School of Public Policy.

Princeton University professor Robert George has been named the inaugural Nootbaar Honorary Distinguished Professor of Law at the Caruso School of Law and the Ronald Reagan Honorary Distinguished Professor of Public Policy at the School of Public Policy at Pepperdine University. George will commence his new roles at Pepperdine in fall 2021 and serve a five-year term. He will continue to serve as McCormick Professor of Jurisprudence at Princeton University where he is a full-time faculty member. As an honorary distinguished professor at both schools, he will be invited to give academic lectures, lead student colloquia, and participate in other speaking engagements with members of the Pepperdine community.

“I am delighted that Dr. George has accepted our invitation to affiliate with our schools of public policy and law as an honorary distinguished professor. His national platform and influential voice will elevate the conversation of respectful discourse and intellectual freedom at Pepperdine,” said Jim Gash (JD ’93), president of Pepperdine University. “Dr. George brings to Pepperdine his passion to invest in the leadership development of students, which is one of our most cherished core values.”

George was introduced to the University community at the inaugural President’s Speaker Series event in January 2021, where he joined fellow professor and political scholar Cornel West for a discussion about honesty, civility and courage through the lens of faith. During the event George expressed that universities have a sacred mission to open students’ minds to the truth and to encourage the pursuit of information from opposing sides in order to better understand and defend the truth.

“Pepperdine is one of the world’s truly great Christian universities—an institution that embodies the conviction that faith and reason are the ‘two wings on which the human spirit ascends to contemplation of truth,’” said George. “Some years ago I was delighted to speak at Pepperdine’s Commencement and become an honorary alumnus. I’m thrilled now to deepen my relationship with the University’s exceptional faculty and student body by becoming an honorary distinguished professor of law and public policy.”

The Ronald Reagan Honorary Distinguished Professor of Public Policy, which is the most distinguished of the School of Public Policy’s visiting professorships, was launched in the program’s first years and approved by Nancy Reagan. As the school’s first-ever visiting professorship, and the only professorship in the president’s name at any policy program in the United States, the position was initially endowed and facilitated by University supporter Flora L. Thornton.

A Phi Beta Kappa graduate of Swarthmore College, George holds degrees from Harvard University and Oxford University, in addition to 22 honorary degrees. He is a recipient of the US Presidential Citizens Medal, the Honorific Medal for the Defense of Human Rights of the Republic of Poland, and is a member of the Council on Foreign Relations. The University of Dallas and the American Enterprise Institute host the Robert P. George Initiative in Faith, Ethics, and Public Policy in Washington, D.C. His most recent book is Conscience and Its Enemies.

To learn more about Dr. Robert George visit the Pepperdine Newsroom.

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The difference between wrongful death and manslaughter

If your family has experienced an accident or incident that resulted in the death of a loved one, you may want to know how you can legally settle the matter to see justice done on the deceased’s behalf. Many of these unfortunate cases are classified as manslaughter or wrongful death. You’ll need to know which is which so you can go through the proper legal procedures to get the compensation you and your other surviving family members are entitled to.

Wrongful Death

A wrongful death settlement offers a degree of safety to grieving families. This is particularly the case if the family member who passed away was a significant breadwinner in the family. The settlement allows families to restore themselves financially, such as paying for medical bills associated with the family member’s death or paying to replace a vehicle that was used in the family member’s fatal car accident.

Wrongful death law pertains to cases in which the actions of one person led to the death of someone else. This law is in place to ensure dependents and family members of the deceased who are financially affected by the relative’s death will be compensated.

Wrongful death claims can cover all types of fatal incidents, such as car accidents, medical malpractice, construction accidents, product liability cases, and elevator accidents. For the defendant to be held responsible for a wrongful death, the plaintiff has to provide evidence that the victim would not have died if the defendant were not negligent.

Wrongful death is considered a civil lawsuit. It’s important to note that a family can also file a wrongful death claim if the victim is injured at work or in a car accident, hospitalized for the injuries, and later dies because of them.

Manslaughter

Manslaughter charges can be filed if an individual did not intend to kill, but their negligence resulted in the death of another individual. Manslaughter in the first degree is when someone intentionally inflicts harm on someone else, and that harm or injury resulted in the victim’s death. Manslaughter in the second degree happens when a person causes someone else’s death because of recklessness. 

If a person is aware that they are acting recklessly and ignore the risk of hurting or killing others, they are guilty of manslaughter, which is a criminal charge. Even though the defendant doesn’t have an intent to kill, their decision to act irresponsibly could be fatal for someone else.

For instance, if someone is driving at night and doesn’t turn their headlights on, and this decision results in the death of another driver or pedestrian, the driver is guilty of manslaughter. Or, if a doctor recklessly performs a procedure on someone with health conditions that increase their risk of death from the procedure, the doctor can be charged with manslaughter.

How Are Cases Conducted?

If a person is guilty of manslaughter, the federal or state government will prosecute them. The jury starts a trial assuming the defendant is innocent. The prosecutor has to present evidence that shows the defendant was behaving recklessly and caused another person’s death. If the defendant is found guilty, they will have to pay hefty fines and may have to serve a prison sentence.

Wrongful death cases occur in civil court. The close family members of the deceased usually file the charges. Since this is not a criminal case, wrongful death attorneys do not have to prove innocence or guilt beyond a doubt. The lawyer does, however, need to show adequate evidence to sway the jury. If the defendant is deemed guilty, they will have to pay for damages, which include funeral and burial expenses, loss of the deceased individual’s income, medical bills, and damages.

If you need to file a wrongful death claim, it’s important to start working with an attorney as soon as you can. Submit all evidence of your case to your lawyer so they can start working on your behalf to ensure that you and your family get the best settlement possible.

Ruth Bader Ginsburg illustration by Kaelen Felix for 360 MAGAZINE.

Ruth Bader Ginsburg

By Cassandra Yany

Ruth Bader Ginsburg died Friday after her long battle with cancer. The 87-year-old Supreme Court justice was a trailblazer who continuously worked to end gender discrimination and preserve our civil liberties. 

The Supreme Court announced Friday that Ginsburg passed away at her Washington D.C. home due to complications from metastatic pancreatic cancer. She had previously overcome lung, liver and colon cancer. In July, she revealed that the cancer had returned, but that she would continue to serve on the Supreme Court.

Ginsburg’s revolutionary career started when she graduated at the top of her class from Cornell University, earning a Bachelor’s degree in government. Two years later, she attended Harvard Law School with her husband, Martin Ginsburg. There, she was one of only nine women in her class of over 500 students, according to NPR.

During their time at Harvard, Martin was diagnosed with testicular cancer, so Ruth would take notes for the two of them and help him with his work, all while trying to juggle being a new mom. When Martin landed a job at a firm in New York, the family packed up and Ruth finished her education at Columbia University. 

Once Ginsburg finished school, she began to experience the discrimination that came with being a female lawyer. According to TIME, she was unable to secure a position at a premier law firm or one of the Supreme Court clerkships, regardless of the fact that she had been the first students to serve on both the Harvard and Columbia Law reviews, and graduated at the top of her class. These jobs were instead easily given to males who had ranked lower than her in school. This led her to work a lower court clerkship and teach at the Rutgers Law Newark campus.

At Rutgers, she co-founded the Women’s Rights Law Reporter. While she was there, she learned that she wasn’t earning the same wage as one of her male counterparts. The dean attributed this pay disparity to the fact that the male professor had a family to support, while Ginsburg’s husband already had a good-paying job. This type of discrimination caused her to hide her second pregnancy.

After her son was born, Ginsburg began teaching at Columbia, becoming the university’s first tenured female professor. There, she also co-authored the first case book on discrimination law. She later went on to co-found the Women’s Rights Project of the American Civil Liberties Union in 1972.

During her work as a lawyer, Ginsburg established that equal protection under the law, as stated in the 14th Amendment, should extend to gender. She won five out of the six cases that she argued before the Supreme Court on gender discrimination. She often chose to find this prejudice in cases where males were the plaintiffs being discriminated against, as seen in the 2018 film On the Basis of Sex. 

In 1980, Jimmy Carter appointed Ginsburg as a judge in the U.S. Court of Appeals for the District of Columbia. She became the second woman on the Supreme Court, and the first Jewish justice since 1969 when she was appointed by Bill Clinton in 1993. During her time, she eliminated almost 200 laws that discriminated against women. 

Ginsburg also fought for the rights of immigrants, the mentally ill, and members of the LGBTQ+ community. She approved gay marriage in the case of Obergefell v. Hodges, stating that if you can’t deny a 70-year-old couple the right to marriage due to their inability to procreate, you can’t deny a gay couple of that right either.

Ginsburg supported women’s reproductive rights, fighting for the coverage of contraceptives despite anyone’s religious beliefs. At the time of Roe v. Wade, she litigated a case where a pregnant Air Force captain was told she would have to have an abortion in order to return to her job. She noted the hypocrisy present in this case— that the U.S. government was encouraging abortion – and found that it served as a clear example of why women should have the right to make their own life decisions.

Ginsburg’s passing gives Senate Majority Leader Mitch McConnell and President Trump the ability to appoint a new justice, despite her dying wish to not be replaced until after a new president is elected. This opportunity could make the Supreme Court more right-leaning and jeopardize cases like Roe v. Wade that are at the forefront of equal rights movements. 

This comes four years after McConnell’s 11-month Republican blockade of President Obama’s nominee for the court, where he argued “that a president shouldn’t be able to seat a new justice in the final year of their term.” Obama noted this in a statement released early Saturday, where he said “A basic principle of law— and of everyday fairness— is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment.”

After the news broke Friday night of Ginsburg’s death, hundreds of people gathered outside the Supreme Court to pay tribute and create a memorial on the building’s steps. Many signs have since been left outside of the court honoring her legacy.

New York Gov. Andrew Cuomo announced Saturday morning that there will be a statue built in Ginsburg’s hometown of Brooklyn to “serve as a physical reminder of her many contributions to the America we know today…”

Trump issued a proclamation Saturday ordering flags to be flown at half-staff until sunset on the day of interment “As a mark of respect for Ruth Bader Ginsburg…”

RBG will be dearly missed by Americans on both sides of the aisle. We have lost a longtime champion of equal rights, but her legacy will never be forgotten.

Juvenile Law Center – Board of Directors

By Cassandra Yany

Juvenile Law Center announced Wednesday the appointment of four new members to the Board of Directors. Khaliah Ali, Daniel Okonkwo, Robert Parker and Eli Segal will join the governing body of the national organization, based in Philadelphia. The center is the country’s first nonprofit public interest law firm for children’s rights.

Meet the new members:

Khaliah Ali

Khaliah Ali, the daughter of boxing legend and social justice activist Muhummad Ali, is a fashion designer, author and humanitarian. She first connected with Juvenile Law Center after she read about the child abuse crisis at Glen Mills Schools in Delaware County, PA where she resides. This led her to begin speaking and writing in support of the organization’s fight for children in juvenile facilities.

“I am so honored to serve on Juvenile Law Center’s board,” Ali said. “Additionally as the daughter of the late boxer Muhammad Ali, I am honored to help curate my father‘s legacy through such a laudable cause.”

R. Daniel Okonkwo, Esq.

R. Daniel Okonkwo, Esq. is an attorney and public policy expert with significant experience in the policy, advocacy and nonprofit sectors. Okonkwo is the Vice President (Relationship Manager) in the Office of Nonprofit Engagement at JPMorgan Chase and Co., where he is responsible for building relationships with key stakeholders and grantmaking in the Mid-Atlantic region. He also manages a national grant portfolio that focuses on nonprofit capacity building and civil rights organizations.

“I am thrilled and honored to join Juvenile Law Center’s Board of Directors,” said Okonkwo. “The organization has been at the forefront of the work to ensure that young people are protected from unjust treatment in the various systems that impact their lives. Juvenile Law Center is an organization that I have admired for a long time and I look forward to supporting their work on behalf of young people across the country.”

Robert P. Parker

Robert P. Parker spent 14 years as a partner in the Litigation Department of Paul, Weiss before joining a D.C.-based technology/litigation focused firm in 2013. His practice centers on complex civil matters involving technology, regulatory and commercial issues. Parker represents some of the world’s most established companies, as well as start-up enterprises in a variety of commercial and litigation matters. He is ranked among Washington D.C.’s Super Lawyers in the area of IP litigation and has previously served as the chairman for the National Council of Adoption’s Board of Directors.

“Too often, children and teens become lost in the juvenile justice system – civil and criminal. The impact on their lives, their families, and society at large is beyond calculation,” said Parker. “I am delighted to join Juvenile Law Center’s efforts to ensure that no more juveniles get lost in our courts or in their placements.”

Eli Segal

Eli Segal is a partner at the law firm of Troutman Pepper, where he focuses on representing journalists in First Amendment matters, colleges and universities in their unique legal issues, and other businesses and individuals within the spectrum of commercial litigation. He is the co-chair of Troutman Pepper’s First Amendment and Newsroom practice.

“I volunteered at Juvenile Law Center years ago during college and law school and am thrilled to have the opportunity to contribute again to the organization’s vitally important work,” said Segal.

Juvenile Law Center says it is proud to welcome these distinguished individuals to its Board of Directors. “Our Board of Directors is an integral part of Juvenile Law Center and it is a joy and privilege to work with them,” said Sue Mangold, the Chief Executive Officer. “We are thrilled to welcome Khaliah Ali, Daniel Okonkwo, Robert Parker and Eli Segal. Each is already engaged in our work and brings valuable expertise and experience to our board.”

About Juvenile Law Center

Juvenile Law Center advocates for rights, dignity, equity and opportunity for youth in the foster care and justice systems.

Founded in 1975, Juvenile Law Center is the first non-profit, public interest law firm for children in the country. We fight for youth through litigation, appellate advocacy and submission of amicus (friend-of-the-court) briefs, policy reform, public education, training, consulting, and strategic communications. Widely published and internationally recognized as leaders in the field, Juvenile Law Center has substantially shaped the development of law and policy on behalf of youth. We strive to ensure that laws, policies, and practices affecting youth advance racial and economic equity and are rooted in research, consistent with children’s unique developmental characteristics, and reflective of international human rights values. For more information about Juvenile Law Center’s work, visit www.JLC.org.