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And You Thought the Bailout Was Bad: Employment Law Risks in the Current Financial Crisis

As the current economic crisis escalates and governmental plans to provide billions of dollars to intervene in the capital markets take shape, financial institutions and other businesses are being forced to restructure their operations through merger, acquisition or reductions in force. The tough economic climate will also, no doubt, lead companies to reassess their benefit plans and executive compensation packages. However, employers must evaluate their own responses to these developments to ensure that they are complying with legal requirements and proceeding cautiously.




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Employee Benefit and Executive Compensation Provisions in the CARES Act

Enacted on Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748, the “CARES Act” or the “Act”) is intended to stimulate the U.S. economy in light of the COVID-19 pandemic. The CARES Act contains a number of provisions relating to employee benefits and executive compensation, which are summarized below.

Retirement Plan Provisions




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Is a Bonus Clawback Provision a Restraint of Trade in the UK?

In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful guidance on the circumstances in which a bonus clawback will not constitute a restraint of trade, though employers should be mindful that not all such provisions will be enforceable.




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European firms navigate AI adoption, divisive social issues, and flexible working

Laura Jousselin, Raoul Parekh and Stephan Swinkels discuss how European employers are responding to workplace changes, including AI and remote workplace demands from employees.

International Employment Lawyer

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Rules for UK Visit Visas and Permitted Paid Activities Have Changed – Here's How

In the Chancellor of the Exchequer’s Autumn Statement, Jeremy Hunt promised that “the government will expand the business Visitor rules to allow businesspeople to engage in a wider range of permitted activities and paid engagements, to take effect from January 2024. The government will also explore further reforms to the business visitor rules during 2024.”

The first of these changes took effect from January 31, 2024. They were not a major reform of the business and other permitted activities that can be carried out on a visit visa, but there are some important changes.




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SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law

  • Recent SEC cease-and-desist Orders indicate how publicly traded and other SEC-regulated employers should be on alert to the agency’s ongoing attention to enforcement actions under Rule 21F-17.
  • The SEC has been examining whether non-disclosure agreements and other confidential business information provisions could impede whistleblowers from communicating with the SEC.




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High Court's SEC Decision Has Limited NLRB Impact, For Now

Alexander MacDonald says Jarkesy's biggest effect on the NLRB might come not from what the court ruled, but from what it decided not to rule on.

Law360 Employment Authority

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Agencies’ Influence over Employers May Erode After Supreme Court Decision

Alexander MacDonald says agencies may have to “regulate more modestly and litigate more often” after the U.S. Supreme Court overruled Chevron.

SHRM Online

View (Subscription required.)




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Recent Injunction Decisions Muddy Labor Board's Future

Alex MacDonald says the NLRB's judges aren’t necessarily the sort of officers whom the president has the power to remove under Jarkesy and Supreme Court precedents.

Law360 Employment Authority

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A Regression to Politics? Recent Court Decisions Could Give Partisanship Even More Influence at the NLRB

Alex MacDonald discusses recent court decisions that criticized the way the NLRB operates and that could transform American labor law.

Washington Legal Foundation

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Senior living industry celebrates decision overruling FTC’s noncompete ban

Melissa McDonagh said employers should continue to be thoughtful with their approach to noncompete agreements, ensuring compliance with existing state laws and monitoring the status of the FTC noncompete rule as it winds its way through the appellate process.

McKnights Senior Living

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The Playbook for Law Firm Leadership Has Been Rewritten During the Crisis

Erin Webber explains how a remote environment requires more leadership responsibility, skills and choices.

The American Lawyer

View Article (Subscription required.) 




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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving Failure to Mitigate

  • Ontario’s Superior Court of Justice held that because a termination for cause provision in an employment contract defined “cause” more broadly than does the Employment Standards Act, 2000 it was unenforceable.
  • Court also held the employer failed to prove the employee did not mitigate her damages.




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Two Developments Could Impact California’s Proposed Regulations Governing AI and Automated Decision-making

Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law surrounding the use of artificial intelligence, machine learning, and other data-driven statistical processes to automate decision-making in the employment context.  




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Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court. The Eighth Circuit’s opinion in Schumacher v. SC Data Center, Inc. deepens the split between the circuit courts on standing and increases the chances that the U.S. Supreme Court eventually will have to weigh in on the issue again.

Background: Spokeo and Ramirez




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New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions

UPDATE: Governor Hochul signed this bill on November 16, 2023, which will take effect one year from signing.

*  *  *




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New York Bans Consideration of Sealed Convictions in Employment Decisions

Michael Paglialonga and Stephen Fuchs discuss New York’s new Clean Slate Act, which will prohibit employers from inquiring about sealed records or discriminating against applicants or employees based on sealed records.

SHRM Online

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This Legal Change Could "Severely Disrupt" Franchising. Learn About the PRO Act's Joint-Employer Standard

Michael Lotito offers insight on the Protecting the Right to Organize Act (or PRO Act), which includes a change to a standard known as “joint employer.”

Entrepreneur

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Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that because nothing in the arbitration agreement prohibited the plaintiff from being awarded any relief he might be entitled to under Oregon’s wage and hour statutes, the arbitration provision was not unconscionable and therefore enforceable.

Background




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Oregon Supreme Court Affirms Enforceability of Arbitration Provision

Christine Sargent writes about an Oregon Supreme Court case that affirmed the importance of implementing enforceable arbitration agreements.

SHRM Online

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California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments

On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement.  In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment.




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More Workers Seek Mental Health Accommodations, Creating Vexing Legal, HR Decisions for Firms

Devjani Mishra discusses findings from Littler’s 2024 Annual Employer Survey Report that show an increase in workplace requests for leaves of absence or other accommodations for mental health.

Corporate Counsel

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SCOTUS decision may have ramifications for OSHA and MSHA

Alka Ramchandani-Raj says the Supreme Court’s Jarkesy decision could mean at least one type of OSHA case could see a change in venue in the future. 

Safety+Health

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What do recent Supreme Court decisions mean for OSHA and other safety agencies?

Commenting on a SCOTUS decision, Alka Ramchandani-Raj said a type of OSHA matter that could see a future change in venue may be those involving certain General Duty Clause citations. 

Safety+Health

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Understanding the NLRB’s Healthcare Rule in Light of Recent Union Organizing Trends and Board Decisions




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California Restricts Employer’s Ability to Make Decisions Based on an Individual’s Criminal History




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European Employers Navigate New Pressures Around Flexible Work Models, AI Adoption and Divisive Social Issues, Littler Survey Finds

(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.




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Canada: SCC Decision Offers Potential Insight into Privacy Rights for Private-Sector Employees

In a significant decision focused on public employers, the Supreme Court of Canada (SCC) recently held that Ontario public school boards are “government” and, as such, they are subject to the provisions of the Canadian Charter of Rights and Freedoms (Charter), and their teachers are protected from unreasonable search and seizure in their places of employment. In York Region District School Board v.




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Designing tomorrow’s world: ETSI unveils strategy in line with its ambitious vision

‘Designing tomorrow’s world’: ETSI unveils strategy in line with its ambitious vision

Sophia Antipolis, 3 December 2020

At the meeting of its General Assembly yesterday ETSI has validated a new strategy, the result of an intensive development process over the last months.

Titled ‘Designing tomorrow’s world’, the strategy has been shaped by ETSI’s diverse global community, drawing on the expertise and experience of more than 900 member organizations that include multinational and smaller companies, start-ups, research organizations and governmental institutions.

Read More...




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Open Source MANO Release NINE fulfils ETSI's zero-touch automation vision, ready for MEC and O-RAN use cases

Open Source MANO Release NINE fulfils ETSI's zero-touch automation vision, ready for MEC and O-RAN use cases

Sophia Antipolis, 18 December 2020

ETSI is pleased to announce the launch of OSM Release NINE today. With an array of new features, this Release completes the alignment process with ETSI NFV specifications, culminating in native adoption of ETSI GS NFV-SOL006 for network functions and service modelling. Standardizing the onboarding process for VNFs into OSM fosters interoperability and boosts the growth of OSM’s VNF ecosystem. Release NINE coincides with the announcement of a new production deployment, confirming OSM as the most comprehensive open-source NFV orchestrator and a key enabler for zero-touch end-to-end network and service automation.

Read More...




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‘Designing tomorrow’s world’: ETSI introduces its new strategy in line with its ambitious vision

‘Designing tomorrow’s world’: ETSI introduces its new strategy in line with its ambitious vision

Sophia Antipolis, 5 May 2021

Today ETSI is pleased to introduce its new strategy, the result of an intensive development process over the last months, validated at the ETSI General Assembly in December 2020.

Titled ‘Designing tomorrow’s world’, the strategy builds on a recognition of the global importance of Information and Communication Technology (ICT) for a sustainable development and to support the digital transformation of society.

Read More...




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ETSI welcomes the strengthened role for NSOs in the decision-making process of European standards

ETSI welcomes the strengthened role for NSOs in the decision-making process of European standards

Sophia Antipolis, 19 October 2022

The EU member states' ambassadors today endorsed the final compromise text of the Amendment to regulation 1025/2012 with regard to the decisions of European standardization organizations concerning European standards and European standardization deliverables.

Read More...




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Aiming high: ETSI Conference on Non-Terrestrial Networks underlines critical role of NTN in realizing tomorrow’s global 6G vision

Sophia Antipolis, 15 April 2024

This year’s first ETSI Conference on Non-Terrestrial Networks has stressed the importance of technical standardization in delivering a fully connected planet via NTN, a key element of tomorrow’s global 6G networks.

Held from 3-4 April 2024 at ETSI’s Sophia Antipolis headquarters, the event was co-organized with the European Space Agency (ESA), the 6G Smart Networks and Services Industry Association (6G-IA) and the Smart Networks and Services Joint Undertaking (SNS JU).

Titled ‘Non-Terrestrial Networks, a Native Component of 6G’, the 2-day conference attracted over 200 participants from 25 countries, including experts in standardization and research as well as industrial representation from the mobile, satellite and wider space industries. Delegates shared perspectives on NTN use cases, candidate technology solutions, current research status and standardization roadmaps. Day one sessions focused on the opportunities and challenges of integrating terrestrial and non-terrestrial networks within tomorrow’s global communications landscape. The second day afforded a deep dive into numerous cutting-edge NTN and 6G research & development initiatives in Europe and around the world.

Read More...




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OSC study finds ESG ratings greatly influence investor decisions but are difficult to understand

TORONTO – The Ontario Securities Commission (OSC) today released the results of a study examining the influence of environmental, social and governance (ESG) factors on retail investor decision making.




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SpotOn London 2012 Storify: Incentivising Open Access and Open Science: Carrot and Stick

Here is a Storify round up of the SpotOn London session: Incentivising Open Access and Open




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Firefly. Blue Sun rising. Part 1 / created by Joss Whedon ; written by Greg Pak ; illustrated by Dan McDaid, Lalit Kumar Sharma, Daniel Bayliss ; colored by Marcelo Costa ; lettered by Jim Campbell.

"Sheriff Mal Reynolds has a new partner— a law enforcing robot from the Blue Sun corporation, who doesn't care about motives, about mercy, about anything other than enforcing the law— no matter the cost. The Blue Sun Corporation has helped to run the universe from the shadows for years, but they're ready to step into the light and take over. If Mal wants to keep his job and protect his sector, the smart move would be to play by their rulebook. But for Mal, there's really one choice— reunite the crew of the Serenity for one last impossible job to save the 'verse. Greg Pak and artist Dan McDaid launch Mal & the crew of Serenity into their biggest war yet, officially continuing Joss Whedon's acclaimed series." -- Provided by publisher.




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Firefly. Blue Sun rising. Part 2 / created by Joss Whedon ; written by Greg Pak ; illustrated by Dan McDaid, Lalit Kumar Sharma, Daniel Bayliss ; inks by Vincenzo Federici ; colored by Marcelo Costa ; lettered by Jim Campbell.

"The stage is set for the final battle as the first ever Firefly event concludes, with Sheriff Mal Reynolds— yeah, he's still getting used to it too— making a choice that may cost him those he loves most, whether he knows it or not … Shocking losses lead to stunning decisions as Mal and the crew of Serenity must face the consequences of their choices in war against the Blue Sun Corporation. The 'Verse is changing in ways no one ever expected— and a new chapter of Firefly begins here." -- Provided by publisher.




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Global food policy report 2023: Rethinking food crisis responses: Synopsis [in Chinese]

2022年,世界面临多重危机。旷日持久的2019冠状病毒病疫情(COVID-19)、重大自然灾害、内乱和政治动荡以及气候变化日益严重的影响对食物系统的破坏仍在继续,而与此同时,俄乌战争和通货膨胀加剧了全球粮食和化肥危机。危机数量不断增加,多种危机的叠加影响日益加剧,饥饿人口和流离失所者数量不断攀升,促使人们呼吁重新思考粮食危机应对措施,从而为变革创造了一个真正的机会。

Full Book [download]




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Global food policy report 2023: Rethinking food crisis responses: Synopsis [in Arabic]

لقد واجه العالم الكثير من الازمات خلال عام 2022. واستمرت معاناة النظم الغذائية من تداعيات جائحة كوفيد-19 المطولة، والكوارث الطبيعية الكبرى، والاضطرابات المدنية، وحالة عدم الاستقرار السياسي، والاثار المتزايدة لتغير المناخ، وتفاقمت ازمة الغذاء والأسمدة العالمية نتيجة الحرب الروسية الأوكرانية والتضخم. أدى تزايد عدد الأزمات وتأثيرها المتصاعد، وارتفاع عدد الجياع والنازحين الى الحث على إعادة التفكير في طرق الاستجابة للأزمات الغذائية، مما خلق فرص حقيقية للتغيير.




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Mapeo de intervenciones en seguridad alimentaria y nutrición en Guatemala: Análisis a nivel municipal

La desnutrición y la deficiencia de micronutrientes es un problema grave en Guatemala. Los resultados de la IV Encuesta Nacional de Salud Materno-Infantil 2014-15 (MSPAS, INE, ICF, 2017) indican que el 46.5% de los niños menores de cinco años padecen de desnutrición crónica. Según el portal de datos del Banco Mundial, Guatemala es el país con mayor prevalencia de desnutrición crónica de América Latina y el Caribe y sexto en el mundo.




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Informe de políticas alimentarias mundiales 2023: Repensar las respuestas a las crisis alimentarias: Sinopsis

En 2022, el mundo se enfrentó a múltiples crisis. Continuaron las perturbaciones de los sistemas alimentarios debidas a la prolongada pandemia de COVID-19, las grandes catástrofes naturales, los disturbios civiles y la inestabilidad política, así como los crecientes efectos del cambio climático, mientras la guerra entre Rusia y Ucrania y la inflación agravaban una crisis mundial de alimentos y fertilizantes.




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My little pony. 14, Shadowplay / story by Josh Haber ; adaptation by Justin Eisinger ; lettering and design by Nathan Widick.

"When Sunburst discovers the lost journal of Star Swirl the Bearded, he shares it with Twilight Sparkle. Together, they find out how the sorcerer and several other of Equestria's heroes, known as the Pillars of Old Equestria, sacrificed themselves to defeat the evil Pony of Shadows. After researching more about the heroes' disappearance, Twilight believes that the Pillars are still alive and trapped in limbo and becomes obsessed with trying to free them, but it might not be such a good idea!" -- Provided by publisher




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Blades of freedom / Blades of Freedom: A Tale of Haiti, Napoleon, and the Louisiana Purchase Nathan Hale.

Presents, in graphic novel format, the story of the Haitian Revolution and its role in Napoleon's decision to sell Thomas Jefferson and James Monroe the whole Louisiana Territory, when they sought to buy only New Orleans.




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How can African agriculture adapt to climate change: Impacts of considering climate variability on investment decisions in Ethiopia [in Amharic]

Numerous studies indicate that agricultural production is sensitive to climate variability, and lack of infrastructure in developing countries increases vulnerability to extreme climate events. In Ethiopia, the historical climate record indicates frequent droughts and floods, which can devastate agricultural production and existing infrastructure. Too much precipitation can flood crops, rot or suffocate roots, and wash out roads, creating similar economic conditions to those resulting from drought.




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Données de population sur la République démocratique du Congo : Peut-on réduire les marges d'imprécision ?




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There's a mystery there : the primal vision of Maurice Sendak / Jonathan Cott.

"An extraordinary, path-breaking, and penetrating book on the life and work and creative inspirations of the great children's book genius Maurice Sendak, who since his death in 2012 has only grown in his stature and recognition as a major American artist, period. Polymath and master interviewer Jonathan Cott first interviewed Maurice Sendak in 1976 for Rolling Stone, just at the time when Outside Over There, the concluding and by far the strangest volume of a trilogy that began with Where The Wild Things Areand In the Night Kitchen, was gestating. Over the course of their wide-ranging and revelatory conversation about his life, work, and the fantasies and obsessions that drove his creative process, they focused on many of the themes and images that would appear in the new book five years later. Drawing on that interview, There's a Mystery There is a profound examination of the inner workings of a complicated genius's torments and inspirations that ranges over the entirety of his work and his formative life experiences, and uses Outside Over There, brilliantly and originally, as the key to understanding just what made this extravagantly talented man tick. To gain multiple perspectives on that intricate and multifaceted book, Cott also turns to four "companion guides": a Freudian analyst, a Jungian analyst, an art historian, and Sendak's great friend and admirer, the playwright Tony Kushner. The book is richly illustrated with examples from Sendak's work and other related images." -- Provided by publisher.




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For Us, By Us: Envisioning a Kiki Methodology in Black Queer Storytelling (November 13, 2024 6:30pm)

Event Begins: Wednesday, November 13, 2024 6:30pm
Location: Museum of Art
Organized By: Spectrum Center


Who are you? What is your story? How do you express yourself? The experiences of Black queer life are reflected in the ways we tell our stories. We will explore a kiki methodology grounded in ballroom culture and Black queer storytelling. Drawing from queer of color critique and narrative construction, kiki methodology engages in three components: Black queer meaning-making, Black queer storytelling, and Black queer artistic expression. Kiki methodology connects envisioning and centering words, feelings, and voices of the Black queer community in the form of storytelling in higher education. We will engage about what is needed to be in queer community and kinship through storytelling.

ABOUT DR. HUTCHINGS
Dr. Quortne R. Hutchings (they, them) is a first-generation college graduate, proud Ronald E. McNair scholar alum, and assistant professor of higher education at Northern Illinois University. Their research primarily focuses on Black gay, bisexual, queer, and non-binary undergraduate and graduate students’ academic and social experiences in higher education, minoritized student affairs professionals’ experiences in student and academic affairs, and supporting students, faculty, and staff navigating substance use and recovery. Their research has been published in the Journal of College Student Development, Departures in Critical Qualitative Research, Journal of Higher Education, and International Journal of Qualitative Studies in Education.

TRANS AWARENESS MONTH
Trans Awareness Month is presented by Spectrum Center, and events are presented by units across campus. Find more Trans Awareness Month events at spectrumcenter.umich.edu/trans-awareness-month




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Visioning: Laying the Foundation for the Future (November 13, 2024 6:00pm)

Event Begins: Wednesday, November 13, 2024 6:00pm
Location: Matthaei Botanical Gardens
Organized By: Arts Initiative


sara faraj will lead this workshop and guide participants in the process of setting intentions for the future through writing, painting, and planting. Participants will be given paper and writing utensils for the writing activity. Plants, pots, paint for pots, and soil will be provided for the planting activity.

sara faraj (Master of Urban and Regional Planning (M.U.R.P.) '24) is one of three master’s degree-level residents chosen for the 2024 Creative Careers Residency at the Arts Initiative. She is interested in Photovoice as a participatory action research (PAR) methodology that empowers and activates positive change within us and, therefore, positive change in the world around us.

RSVP needed: http://visioning.rsvpify.com
Maximum number of participants: 15

Are you attending one of these workshops? You can submit your work for our Take Care Student Exhibition.
More info and submission form here: https://artsinitiative.slideroom.com/#/login/program/79201

•••

The Arts Initiative, in partnership with Wolverine Wellness, is launching a series of free art-making workshops for the Take Care AY 2024-25 focus. These workshops are an opportunity to create art, brush up on dance techniques, and other artistic forms. No prior experience required. Led by local and regional artists, the workshops are open to the entire U-M and local community. All supplies necessary will be provided at the workshop.

For questions or to request accessibility accommodations, please contact Félix Zamora-Gómez at felixzg@umich.edu.




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Residence Hall Pop-up Advising (November 13, 2024 5:00pm)

Event Begins: Wednesday, November 13, 2024 5:00pm
Location: East Quadrangle
Organized By: Newnan LSA Academic Advising Center


Registration starts soon, and LSA Newnan advisors are coming to you! We'll be in residence halls discussing course planning for the winter term and answering any questions you may have.

Join us from 5-8 on select nights. We're looking forward to seeing you!