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Civil Law

Artificial Intelligence (AI) Employment Discrimination Laws Proposed in Six States: What Employers Need to Know (US)

We recently wrote about Colorado’s historic law aimed at protecting, among others, employees and employment applicants from harm arising out of the use of artificial intelligence (AI) systems. Although Colorado is the first state to pass legislation addressing AI-based discrimination, similar bills have been proposed in at least six other states as well as at the federal level, with a recent Executive Order discussing a wide range of issues arising from the private-sector use of AI systems, including discrimination in … Read the rest

Supreme Court

Social media content moderation laws come before Supreme Court

Once again, the relationship between the government and social media will headline arguments at the Supreme Court on Monday. NetChoice v. Paxton and Moody v. NetChoice are just the second of three social media disputes the court will hear this term. The justices on Monday will consider the constitutionality of controversial laws in Texas and Florida that would regulate how large social media companies like Facebook and X (formerly known as Twitter) control content posted on their sites.

Defending … Read the rest

Supreme Court

Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. Habeas relief is available to anyone “in custody,” which the Supreme Court has interpreted to mean not only physical confinement but also … Read the rest

Supreme Court

Court allows bar on Tulsa’s enforcement of municipal laws against Native Americans to remain in place

The Supreme Court on Tuesday left in place a federal appeals court ruling that bars the city of Tulsa from enforcing municipal ordinances against Native Americans. In a brief unsigned order without any public dissents, the justices rejected the city’s request to put a decision by the U.S. Court of Appeals for the 10th Circuit on hold to give the city time to appeal.

The order came in a case arising from a nearly five-year-old traffic ticket and … Read the rest

Civil Law

Common sense briefly prevails in UK’s “taking back control of our laws” debate

Things have surely come to a pretty pass when it is front page news twice in two weeks that the Government has decided not to press on with doing something daft. First, the abandonment of smart motorways and last week, reports that the Government has backed away from its original proposal to wipe all EU-sourced regulations from the statute book at the end of this year. More predictable is the number of MPs who are nonetheless recorded as being variously … Read the rest

Supreme Court

Justices request federal government’s views on Texas and Florida social-media laws

The Supreme Court on Monday asked the Biden administration for its views on a pair of controversial social-media laws enacted in Texas and Florida. Passed in response to beliefs that social-media platforms were censoring their users, particularly those expressing conservative political views, both states’ laws seek to regulate the content-moderation policies of social-media companies like Facebook and Twitter.

The justices asked the solicitor general to weigh in on NetChoice v. Paxton (a pending petition on the Texas law) and … Read the rest

Civil Law

“IR laws top CEO concerns”

This is The Australian’s 8 December 2022 headline. It reflects the result of its 2022 CEO Survey. We’re not surprised. It echoes the observation made in our previous blog about the new laws getting much C-suite interest.

This interest, and those concerns, stem from the likely shift away from enterprise bargaining and towards terms and conditions being set along industry lines.

The laws are very much aimed at employers who are able to compete on price through favourable labour arrangements. … Read the rest