DOJ invokes Title VI against Harvard admissions

“Elections have consequences…” — Barack Obama See 20 years @15 percent: does Harvard discriminate against Asian-Americans? CNN: The Justice Department is actively investigating Harvard University’s use of race in its admissions policies and has concluded the school is “out of compliance” with federal law, according to documents obtained by CNN. … [Click through for DOJ …

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Varieties of Snowflakes

I was pleasantly surprised that New Yorker editor David Remnick and Berkeley law professor Melissa Murray continue to support the First Amendment, even if some of her students do not. Remnick gives Historian Mark Bray (author of Antifa: The Anti-Fascist Handbook) a tough time about the role of violence in political movements. After Charlottesville, the Limits …

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Review of FDA Presentation on Food Fraud and Economically Motivated Adulteration – FDA Deputy Commissioner for Foods Dr. Stephen Ostroff

FDA Deputy Commissioner for Foods and Veterinary Medicine, Dr. Stephen Ostroff, presented on Food Fraud at the April 4-5, 2017 Food Fraud Conference, Quebec City. FDA has been consistent in its direction and activities – all types of Food Fraud has been illegal since the adoption of the Food Drug & Cosmetics Act of 1938. …

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Comey under oath: no obstruction of justice

Almost everything we hear from the media these days is simply motivated reasoning — i.e., partisan nonsense. Wikipedia: …When people form and cling to false beliefs despite overwhelming evidence, the phenomenon is labeled “motivated reasoning”. In other words, “rather than search rationally for information that either confirms or disconfirms a particular belief, people actually seek out information …

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Fletcher on Law360: “A Look At The Impact Of Lewis V. Clarke Thus Far”

Here: In Lewis v. Clarke, the U.S. Supreme Court held that individual capacity suits against tribal employees are not cloaked by an Indian tribe’s sovereign immunity. As most Indian tribes have already acquired general liability insurance to cover the tortious actions of their employees, the ruling might have little impact. But the breadth of the court’s opinion should …

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Review – CODEX CCFICS23 Meeting Summary – Action to Define Food Fraud and Related Terms

USA Delegation: on the far left is Dr. Spink, and the group includes Head of Delegation Mary Stanley (USDA), Alternate Delegate Ms. Caroline Smith Dewaal (FDA), Alternate Delegate Ms. Camille Brewer (FDA), and Mr. Kenneth Lowery International Issues Analyst (US CODEX Office) Friday, May 5    Earlier today, Codex Alimentarius (CODEX, the world food code) …

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Review – GFSI Guidance Document Version 7.1

Yesterday the GFSI Benchmarking Requirements (Guidance Document) Version 7.1 was published soon after Version 7 was published February 27, 2017. Regarding Food Fraud, there were NO modifications or clarifications. Link: http://www.mygfsi.com/news-resources/news/press-releases/670-version-7-1-of-gfsi-s-benchmarking-requirements-furthering-harmonisation.html The GFSI press release mentioned that the changes that were made are important due to discussions with FDA regarding the Food Safety Modernization Act. …

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Elie Mystal on the Chief Justice

Here is “John Roberts, Silent During The Garland Process, Suddenly Worries About Partisanship.” An excerpt: When Mitch McConnell decided that black presidents only get to be president for seven years and refused to hold a hearing on Barack Obama’s nominee to the Supreme Court, there was only one man in the country who could have …

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State of Michigan sues Hannahville Indian Community over Gaming Compact

The State of Michigan has filed a lawsuit against the Hannahville Indian Community.  The State is asserting that the Hannahville Indian Community’s class III gaming compact has expired (the agreement was executed in 1993). A copy of the complaint is here:Hannahville Complaint Hannahville’s Class III gaming compact is here: Hannahville Class III Compact The Hannahville Compact …

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When “Legal Technicalities” Matter

“First thing we do, let’s kill all the lawyers.” This line from Shakespeare’s Henry VI reflects a popular sentiment toward lawyers who make the simple complex for their own interest. Only lawyers would take such a technically highfalutin’ issue such as this to the highest court in the land: Whether 20 U.S.C. 1415(l) requires petitioners …

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Indian Country And Climate Change After DAPL Law360, New York (February 27, 2017, 12:01 PM EST) —

In the chaos of the early weeks of the Trump administration, the president managed to highlight his support for the natural resources extraction industry by strongly encouraging the imminent approval of the Dakota Access pipeline and the Keystone XL pipeline, circumventing additional environmental review. The U.S. Department of the Army quickly issued a notice of intent to grant an easement …

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Review – Trade Journal Articles on Food Fraud Compliance Requirements for GFSI, FSMA, and Sarbanes-Oxley

Are you compliant with the current and pending regulatory and standards requirements to address “all” types of food fraud and “all” products?  Probably not… but there are fairly simple steps to get started.  Our MSU FFI team just published two trade journal articles that summarize numerous peer-reviewed, refereed scholarly journal articles. MSU’s Dr. Doug Moyer …

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Feds and States and Widgets—Oh My!

The Feds For nearly seven years the Obama Department of Education (USDOE), through its Race to the Top (RttT) program and its issuance of No Child Left Behind (NCLB) waivers, pushed states to establish “rigorous” teacher evaluation systems that incorporated student achievement evidence, the results of which would then be used in personnel decisions. The …

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Ninth Circuit Holds Consumer Financial Protection Act Applies to Tribes

  Here is the opinion in Consumer Financial Protection Board v. Great Plains Lending. An excerpt: We have consistently held in our post-Stevens precedent that generally applicable laws apply to Native American tribes unless Congress expressly provides otherwise. In the Consumer Financial Protection Act, a generally applicable law, Congress did not expressly exclude tribes from …

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Publication – The Economics of a Food Fraud Incident – Case Studies and Examples, Including Melamine in Wheat Gluten

We all know Food Fraud occurs for economic gain, but it is more complex than just “profit margin” or “commodity price swings.” Reviewing the incidents provides insight on exactly how and where bad guys are attacking… which is critical to prevention and selecting countermeasures. New Publication: The Economics of a Food Fraud Incident – Case …

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2016 BIA ICWA Guidelines Released

Here are the 2016 Guidelines. For those keeping track at home February 2015, Updated Guidelines replacing the 1979 Guidelines (No Longer in Effect) June 2016, Federal Regulations released (Became Binding on December 12) December 2016, Updated Guidelines replacing the February 2015 Guidelines What this means: 25 USC 1901 et seq (ICWA) has not changed in …

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Survey Results – FDA “Request for Comment” on FSMA Hazard Disclosure (or Not) – Regarding Food Fraud and EMA

This is a follow-up to our recent blog post that included a survey. The survey results summarized below will also be included in our formal public comments to FDA. Summary (150-word-brief):  This is a summary of our survey results. The FSMA guidance was clear, although there are ongoing FSMA concerns. While the new requirements are …

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