News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for the ‘National’


New Title 34 for US Code

The Office of the Law Revision Counsel has announced a new Title 34 to the U.S. Code: Crime Control and Law Enforcement. The previous Title 34 was repealed in 1956. The Office of the Law Revision Counsel of the United States House of Representatives prepares and publishes the United States Code, which is a consolidation and codification by subject matter of the general and permanent laws of the United States.

According to the Office of Law Revision Counsel, “The reorganization did not include provisions that were better retained in their current locations in the Code as part of the coverage of the following subjects:

  • Homeland security (classified generally to Title 6, Domestic Security)
  • Immigration (classified generally to Title 8, Aliens and Nationality)
  • Substantive federal crimes and federal criminal procedure (classified generally to Title 18, Crimes and Criminal Procedure)
  • Education (classified generally to Title 20, Education)
  • Control and enforcement with respect to controlled substances (classified generally to Title 21, Food and Drugs)
  • Control of international crime (classified generally to Title 22, Foreign Relations and Intercourse)
  • Crime control and law enforcement matters specific to Indians (classified generally to Title 25, Indians)
  • General organizational and administrative matters of the Department of Justice (classified generally to Title 28, Judiciary and Judicial Procedure)
  • Transportation security (classified generally to Title 49, Transportation)
  • National defense matters (classified to Title 50, War and National Defense)”

The reorganization was implemented in the online version of the U.S. Code on September 1, 2017, and will be in the printed version beginning with Supplement V of the 2012 Edition.

Election Time…Time for Election Law Resources

 

Election time always is a good time to point out Election Law resources!

Election Law @ Moritz, provided by The Ohio State University’s Moritz College of Law, is an up-to-date resource on election law including some hot topics for Ohioans.

Also from our collection:

Looking for something else on voting or election law? Check out our research guides or search Scholar!

New Law Library DACA Resource Guide

Photo of 9/15/17 DACA demonstration in San Francisco.The Law Library has just created the Deferred Action for Childhood Arrivals (DACA) Resource Guide.  The guide was created to complement the Cleveland-Marshall College of Law and Cleveland State University Forum conducted September 28, 2017.  The Forum featured academic and legal experts who discussed the policy’s origins, its current status, and the practical implications for immigrants under DACA.

[Photo of 9/5/17 demonstration in San Francisco by Funcrunch.]

Third Circuit Rules Secular Anti-Abortion Group Must Comply with ACA Contraceptive Mandate

photo of package of birth control pillsThe U.S. Court of Appeals for the Third Circuit recently ruled that Real Alternatives, “a non-profit non-religious anti-abortion organization,” must comply with the “contraceptive mandate” of the Patient Protection and Affordable Care Act [ACA; Pub. L. No. 111-148, 3/23/10].  The ACA requires employer-provided health insurance plans to cover multiple preventive services, including FDA-approved contraceptives (see 42 U.S.C. 300gg-13 and 42 U.S.C. 18022).  The ACA allows a limited exemption for religious organizations and their integrated auxiliaries (see 45 C.F.R. § 147.131(a)), as well as additional accommodations for religious non-profit and for-profit employers who arrange for contraceptive coverage through third parties at no cost to, and with no participation of, the objecting employers (see 45 C.F.R. § 147.131(b)-(c)).  Real Alternatives argued it shared the same beliefs as religious organizations, and, pursuant to the Fourteenth Amendment’s Equal Protection Clause, was exempt from the contraceptive mandate.  The Court affirmed the 12/10/15 decision of the U.S. District Court for the Middle District of Pennsylvania to deny Real Alternatives’ motion for summary judgment, and granted the cross-motion for summary judgment filed by the U.S. Department of Health and Human Services, U.S. Department of Labor, and U.S. Department of Treasury.  For additional information, see the U.S. Court of Appeals for the Third Circuit opinion.

CMS Proposes Significant Cuts for Home Health in 2018 & 2019

The Centers for Medicare & Medicaid Services (CMS) recently issued a proposed rule (82 Fed. Reg. 35270, 7/28/17) that includes significant cuts to calendar year 2018 payment rates and the wage index for home health agencies serving Medicare beneficiaries, as well as the home health prospective payment system case-mix adjustment methodology.  CMS proposes to cut Medicare payments to home health agencies by $80 million (4%) in calendar year 2018.  Medicare currently pays for up to 60-day episodes of home health care, but CMS proposes to reduce the care unit to 30-day episodes starting 1/1/19.  Industry leaders estimate the care unit reduction would result in $950 million in cuts to home health services, thereby limiting access to care, and question CMS’s authority to make such changes without Congressional action.  Comments on the proposed rule will be received until 5pm on 9/25/17.  For additional information, see the CMS Announces Proposed Payment Changes for Medicare Home Health Agencies for 2018 and 2019 fact sheet.