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Delaying the election? For those who don’t know – the Constitution trumps any delay when it comes to a change of power in January It was taking twitter by storm. President Donald Trump was raging against the idea of mail-in ballots and even alluded in one tweet that perhaps the November 03, 2020 election sate needs to be delayed. Now delays are possible, and history has shown that results don’t always come clearly on election night. However, the experts from Michigan State University want to remind everyone that it’s the Constitution that ultimately decides when there’s a change of power in Washington. “There are a couple of important legal points to remember about this,” says Brian Kalt, professor of law at Michigan State University. “First, the day for federal elections and for the meeting of the Electoral College is set by law so only Congress has the authority to reset it, not the President or anyone else.” And if there is no election this November, or if there are significant delays, Kalt also wants people to know, it does not mean an extension of Trump’s presidency. “Second, regardless of when the election is held, the 20th Amendment specifies that the President’s term (as well as the Vice President’s) ends at noon on January 20. If there is no election to replace the President, the line of succession statute kicks in. With no President-Elect or Vice President-Elect to qualify, the Speaker of the House would become Acting President until an election could be held. Of course, if there is no presidential election there would presumably be no congressional elections either. In that case, there would be no House: the 20th Amendment ends congressional terms on January 3. With no House—and thus no Speaker—the next in line would be the President Pro Tempore of the Senate. Since only about a third of senators see their terms expire in each cycle, the Senate is a continuing body. The remaining senators would have a quorum and would select a new President Pro Tempore.” This leaves the fate of the presidency and the keys to the White House in the hands of just a few powerful people in Washington. And the outcome of how they would choose is anyone’s guess. And , if you are a reporter covering politics and this potential situation, then let our experts help with your questions and ensure your coverage is accurate. Brian Kalt is a Professor of Law and a Harold Norris Faculty Scholar at Michigan State University. He is an expert in constitutional law of the presidency, and he’s available to speak with media regarding how the Constitution and laws play a role in elections. Simply click on his icon to arrange an interview.
Cancellation of non-conference college football games may lead to a new battle in the courtroom
The Big Ten Conference's decision to cancel all non-conference football games for the upcoming season -- and the possibility that schools in other major conferences may soon follow -- raises a number of potential legal issues, says Nathaniel Grow, associate professor of business law and ethics at the Indiana University Kelley School of Business. “Depending on the terms of the schools' college football scheduling agreement, the university cancelling the game may still owe the other school some level of compensation for breaking the agreement,” Grow said. “If the cancelling university refuses to pay, then it would not be surprising if the other school would elect to file a lawsuit.” A nationally recognized expert in the field of sports law, Grow studied has studied this issue, the subject of a 2010 article in the Journal of College and University Law. "The ultimate outcome of such a lawsuit would hinge largely on the specific terms of two affected schools' contract. In general, though, two provisions of the contract would likely prove to be the most important. First, most scheduling agreements will include some sort of liquidated damages provision, a clause that specifies that one side of the agreement must pay the other party a certain amount of money should the contract be broken. Often times, these contracts will provide that the breaching party must only pay the other school in the event that the opponent is unable to replace the cancelled game on its schedule with one against a sufficiently suitable alternative opponent. "The other relevant clause in these scheduling agreements is likely to be the force majeure provision, sometimes referred to as an ‘Act of God’ clause. Under these provisions, schools may be excused from cancelling a game without penalty if circumstances arise that make playing the game unduly difficult or impossible (for instance, a hurricane or other major weather event). The applicability of such a provision will also vary depending on the specific wording employed in the contract, and whether the clause permits a team to cancel a game on the basis of either a pandemic or a change in conference policy regarding the playing of non-conference games." Grow can be reached at 812-855-8191 or grown@iu.edu.
Clarifying the electoral college before this November’s election – let our experts explain
With a divisive and hyper-charged election on the horizon in America, the Supreme Court may have done the country a favor and avoided a constitutional crisis before it happened. The court delivered a unanimous opinion on faithless electors and how those who represent states are to cast their votes in the electoral college. The Supreme Court ruled unanimously Monday that a state may require presidential electors to support the winner of its popular vote and may punish or replace those who don’t, settling a disputed issue in advance of this fall’s election. Justice Elena Kagan wrote for the court as it considered for the first time the issue of “faithless electors” and whether the Constitution sees members of the electoral college — whose votes ultimately elect the president — as representatives of the intent of their state’s voters or as independent thinkers. The Washington state law at issue “reflects a tradition more than two centuries old,” Kagan wrote. “In that practice, electors are not free agents; they are to vote for the candidate whom the State’s voters have chosen.” In layman’s terms, it simply means representatives to the electoral college are not casting a vote of conscience, but a vote that follows the will and intentions of the popular vote of each specific state. Popular votes and the electoral college have been hotly debated topics during this century’s elections, and if you are a journalist covering this Supreme Court decision or have questions about the upcoming elections – then let our experts help. Dr. Craig Albert is an expert in American politics and he is available to speak with media – simply click on his name to arrange an interview today.
As China clamps down on Hong Kong – Is Taiwan next?
As protests erupt again across Hong Kong against the recent imposing of new security laws essentially giving Beijing unprecedented powers – it has some worried about what is next as China pursues it’s One-China policy. In Taiwan people are watching, and concern is growing. Professor Elizabeth Freund Larus teaches political science at the University of Mary Washington and is an #expert on China and the field of Asian studies. She has also been interviewed by media such as CNBC, The Diplomat and CBN News regarding this topic. She has noted that the developments in China, especially with regards to Hong Kong and Taiwan are catching global attention and will impact economies and governments across the globe. Beijing has taken an especially hard line towards Taiwan since the 2016 election of President Tsai Ing-wen of the Democratic Progressive Party (DPP), ramping up military, economic and diplomatic pressure. Tsai views Taiwan as a de facto independent nation and not part of "one China". But the pressure campaign has done little to endear China to Taiwan's 23 million people. In January, Tsai won a second term with a historic landslide and polls consistently show a growing distrust of China... Social media is filled with messages of support for Hong Kong's democracy movement. Some back Taiwanese independence, or highlight China's rights abuses in regions such as Tibet and Xinjiang. Wendy Peng, a 26-year-old magazine editor who said she often shared pro-Hong Kong democracy messages on social media, said she would now avoid visiting the city. "The national security law makes me wonder how far would China go. Right now I don't see a bottom line and there's probably none. I think it's possible they will target Taiwan next," she said. July -7 Yahoo! New/AFP If you are a reporter covering this progressing story – then let our experts help. Elizabeth Larus is available to speak to media, simply click on her icon to arrange an interview.
Overshadowed by COVID – The opioid pandemic is still taking its toll across America
For more than two decades opioids have been ravaging American cities, towns, and communities. It prompted national attentions and official commissions advising the President. But lately, as the world has turned almost all its focus on COVID-19, the opioid issue has been sitting in the shadows. Not necessarily idle or waiting, but just no longer the topic of a national conversation to find a cure. Before COVID-19 turned our nation upside-down, policymakers were taking steps to help patients access evidence-based treatment for opioid use disorder. This included focusing on removing health insurers’ barriers to medication and requiring insurers to provide parity for mental illness and substance use disorders — and holding them accountable for violations of the law in Massachusetts, Pennsylvania and New Hampshire, to name a few recent examples. While we continue to take steps to address COVID-19 to help keep the public safe, the American Medical Association has seen reports from more than 30 states concerning increases in opioid-related mortality, mental health crises, suicide and addiction-related relapse. Reports are from every region in the nation. This includes a 20 percent increase in calls to the Jacksonville, Fla., fire department concerning overdoses; an “unusual spike” in overdoses in DuPage County, Ill.; increased emergency department visits in coastal North Carolina and spikes in fentanyl-related overdoses in Seattle. Georgia, too, has not been spared, causing increased concern for many. - Dr. Patrice A. Harris is the immediate past president of the American Medical Association and chair of the AMA Opioid Task Force. So – at what cost or how far back have efforts been set by COVID-19? And how much harder will it be for America to regroup and take on its addiction to opioids? There are a lot of questions to be asked – and if you are a journalist covering this topic or looking to learn more about the state of the opioid epidemic in America – then let our experts help. Justin Cole is an expert in clinical pharmacy, Pharmacogenomics, and the pharmacy industry. Justin has been following this issue closely and is available to speak with media. Simply click on his icon to arrange an interview today.
What will the extradition of Meng Wanzhou mean for relations between Canada, China, and the U.S.?
There is the rule of law, and there’s politics – but what happens when you are a country like Canada stuck in the middle of an ugly legal battle between China and America? This Monday, in Vancouver – a hearing is underway that will see one of the world’s titans victorious and the other, probably quite angry. Legal arguments at the B.C. Supreme Court in the extradition case of Huawei executive Meng Wanzhou may stretch into next year. Crown lawyer Robert Frater told the court Wednesday that lawyers for both sides will propose a new schedule later this month that would bring the hearings to a close in early 2021 at the latest, instead of this fall. The Unites States wants Canada to extradite Meng over allegations she misrepresented the company’s relationship with Skycom Tech Co., putting HSBC at risk of violating U.S. sanction against Iran, a charge both she and Huawei deny. Associate Chief Justice Heather Holmes dismissed the first phase of arguments last week by Meng’s lawyers who claimed the case should be thrown out because the U.S. allegations against her wouldn’t be a crime in Canada. Global News - June 03 It has been a long and drawn out process and will likely stretch into this year, and odds are patience is wearing thin. Can any of the countries expect retaliation and what would that look like? Is the United State right seeking extradition of this official? Will a change at the Whitehouse see this effort dropped? And what are the underlying issues at play that may be attributing to this drama? If you are a journalist covering this topic – then let our experts help. Dr. Glen Duerr's research interests include comparative politics and international relations theory. Glen is an expert on this subject and is available to speak to media regarding this topic– simply click on his icon to arrange an interview.
MEDIA RELEASE: Watch for Bikes: Top nine tips for cycling safety success
The summer months are fast approaching and with more cyclists and drivers expected to re-emerge on the roads, CAA South Central Ontario (SCO) is encouraging motorists to keep the safety of cyclists in mind when sharing the road. “Cycling is an excellent way to stay active during the pandemic and many more are picking up the activity, but as the province works towards reopening, we need to stay vigilant for everyone’s safety,” says Teresa Di Felice, AVP of government and community relations at CAA SCO. All drivers and cyclists are advised to follow public health guidelines, be predictable, be patient, communicate their intentions with signals, regularly check blind spots, and turn on their lights during dawn, dark and dusk. “In Ontario, there are tough penalties for those who do not follow the rules of the road, yet many remain unaware of what these rules are. Whether you’re on two wheels or four, get to know the following rules and best practices,”adds Di Felice. CAA is also reminding all motorists of these important rules of the road: Be aware. Do not use headphones or mobile devices while driving and pay attention. Yield to cyclists. Motorists should not be driving in a bike lane unless making a right turn. Watch for the approaching cyclists and never speed up and cut off a cyclist when making a right turn Keep a safe distance. Drivers must keep at least a one metre distance from other cyclists. If it is not possible, safely change lanes to pass. The penalty for not doing so is a $110 fine. Practice the Dutch Reach. Avoid “dooring” cyclists by doing the Dutch Reach. CAA launched a new Dutch Reach video for users to practice as more people out on their bikes. Some cycling-specific safety tips: Ride with traffic. Riding against traffic flow is dangerous, illegal and a leading cause of car-bike collisions. Protect yourself. Drivers, use your seat belts. Cyclists, wear your helmets. Be visible. Use reflectors and lights in dark and overcast conditions. It’s the law. Be predictable. Obey traffic signs and be clear with your intentions with other drivers. Under Ontario’s Highway Traffice Act (HTA), a bicycle is considered a vehicle, just like car or truck and must follow the same rules of the road. Ride close to home. As cyclists start to use their bikes for the first time in awhile, remember to stay close to home as you are starting out. Put your cycling safety knowledge to the test with CAA’s new cycling safety quiz. For all other cycling information, visit caasco.com/cycling. If you run into a problem that cannot be fixed on the spot, CAA Bike Assist will transport you and your bicycle to wherever you need to go. It's available as part of your membership 24 hours a day, 7 days a week, 365 days a year.
With states of emergency being declared, 20 percent of Americans home-bound and two of the country’s largest states in virtual lock-down – there’s some wondering just how and if the presidential election this November is even possible? The best-case scenario is that the pandemic subsides and all candidates proceed with caution and ideally maximize digital and distance options for what might be the new normal of campaigning. Gone might be the rallies, hand shaking and requisite baby-kissing – but the election could go on. Here’s what Michigan State University’s expert on the constitutional law and the presidency has to say about the idea of a delayed decision day in America. “Some people have begun speculating about the possibility of the COVID-19 threat causing a significant delay in the presidential election this fall,” says Brian Kalt, professor of law at Michigan State University. “There are a couple of important legal points to remember about this. First, the day for federal elections and for the meeting of the Electoral College is set by law so only Congress has the authority to reset it, not the President or anyone else.” And if there is no election this November, Kalt also wants people to know, it does not mean an extension of Trump’s presidency. “Second, regardless of when the election is held, the 20th Amendment specifies that the President’s term (as well as the Vice President’s) ends at noon on January 20. If there is no election to replace the President, the line of succession statute kicks in. With no President-Elect or Vice President-Elect to qualify, the Speaker of the House would become Acting President until an election could be held. Of course, if there is no presidential election there would presumably be no congressional elections either. In that case, there would be no House: the 20th Amendment ends congressional terms on January 3. With no House—and thus no Speaker—the next in line would be the President Pro Tempore of the Senate. Since only about a third of senators see their terms expire in each cycle, the Senate is a continuing body. The remaining senators would have a quorum and would select a new President Pro Tempore.” Sounds confusing and potentially chaotic for a country already on edge. And if you are a reporter covering politics and this potential situation, then let our experts help with your questions and ensure your coverage is accurate. Brian Kalt is a Professor of Law and a Harold Norris Faculty Scholar at Michigan State University. He is an expert in constitutional law of the presidency, and he’s available to speak with media regarding how the Constitution and laws play a role in elections. Simply click on his icon to arrange an interview.
Privacy Issues in Using Facial Recognition Software by Law Enforcement
The Atlanta Police Department is just the latest in criminal investigation units across the U.S. that have adopted facial recognition software to assist in police investigations. But privacy experts are cautiously watching the acceptance of this type of software for possible infringements of a citizen's privacy. The software uses a person’s photograph to search the internet including social media accounts for additional images of a suspect. The process is called “scraping” and Deven Desai, associate professor for law and ethics at Scheller College of Business at the Georgia Institute of Technology expresses concern over the use of the controversial technique, which is becoming more commonly used by hundreds of police departments across the U.S. “The issue becomes one of what we like to call “technical accountability,” said Desai, who cites the reliability of the software, the privacy of citizens, and the length of time images are stored by the departments as just a few factors to consider. How long will a person's photograph be kept and for what means? These are just a few of the questions that continue to raise concerns among some experts who see this new technology as a potential for harm to the public at large. Before fully embracing facial software, the accountability for using this form of spying should be studied in more detail before the practice is adopted widely.
As the Democratic primaries narrow and it looks like the crown is Joe Biden’s to lose – the Veepstakes are heating up! Speculation is rampant, and just about every pundit with an opinion is drawing up a list of who should be in, who should be out and what the best team to take on President Donald Trump needs to look like. But there’s one proven duo that’s already battle-tested and unbeaten - Barack Obama and Joe Biden. Or in this case, it would be Joe Biden and Barack Obama. It sounds crazy, but the idea is making the rounds. And it’s not just about if Barack Obama would want back in the game, but could he? “It’s complicated," says Brian Kalt, professor of law at Michigan State University.“The precise wording and drafting history of the 22nd amendment of the Constitution does allow for the possibility, but the spirit and the popular understanding of 22A doesn't. "Because of the latter, and because there are so many other people Biden could pick, picking Obama would be a needless political risk—it would turn off voters who don’t think this can be done, as well as those who think that, regardless of whether it can be done, it *shouldn’t* be done. It would also embroil the campaign is distracting litigation." So, according to our expert, the pain and courts costs isn’t worth the effort. Though, there’s nothing preventing Michelle Obama from being on the ticket. In fact, online betting markets are starting to place odds – and when there’s money, there’s always a chance. Are you a reporter covering politics, then let our experts help with your questions and ensure your coverage is accurate. Brian Kalt is a Professor of Law and a Harold Norris Faculty Scholar at Michigan State University. He is an expert in constitutional law of the presidency, and he’s available to speak with media regarding the idea of another Obama-Biden ticket and any other aspects of how the Constitution and laws play a role in elections. Simply click on his icon to arrange an interview.