The Supreme Court's second day of arguments by phone was devoted to a new version of a case it decided seven years ago involving federal money to fight AIDS around the world.; Credit: Andrew Harnik/AP

The Supreme Court kicked off a second day of telephone arguments Tuesday with a case that mingles sex, the HIV/AIDS epidemic and free speech.

At issue is whether the government can require private nonprofits to denounce prostitution in order to qualify for U.S foreign aid grants aimed at fighting the worldwide AIDS epidemic. This is the second time the court has faced this issue, but this time it comes with a twist.

In 2003, Congress, at the urging of President George W. Bush, enacted a major foreign aid program to fight the HIV/AIDS pandemic and prevent new infections worldwide. In appropriating the money, Congress included a provision requiring any private organization that received funding through the program to adopt an explicit policy denouncing prostitution and sex trafficking.

In 2013, the Supreme Court struck down that provision, declaring it unconstitutional because it compelled U.S. nonprofits to adopt an explicit policy as a condition for receiving grant money. By a 6-2 vote, the high court said such a requirement interfered with the free speech rights of private U.S. organizations engaged in the fight against AIDS.

The case was back Tuesday, but this time, the question was whether foreign organizations closely affiliated with those same U.S. nonprofits can be required to adopt the policy denouncing prostitution.

Defending the provision was Assistant to the Solicitor General Christopher Michel. He argued that foreign affiliates of U.S. organizations like Save The Children, CARE and WorldVision are separate legal entities from their parent U.S. organizations, and that as foreign entities, they have no rights under the U.S. Constitution.

Chief Justice John Roberts, who wrote the 2013 decision, seemed unpersuaded.

"Is it reasonable to insist on formal corporate ties in this context?" he asked. "It's undisputed that to be effective in many of the foreign countries involved here, you have to operate through a foreign entity."

Michel responded that if the U.S. nonprofits "make the choice to operate through a foreign entity because they decide that is more convenient or more effective, they have to accept the bitter with the sweet."

Roberts still seemed doubtful, noting that the U.S. nonprofits and their foreign affiliates "have the same name, the same logo, the same brand. And I wonder if it makes more sense to think of the foreign entity as simply another channel for the domestic entity's speech."

Representing the nonprofits was lawyer David Bowker. He maintained that for all practical purposes, there is no difference between the U.S. nonprofits and their foreign affiliates, so making the affiliate adopt an anti-prostitution message effectively puts words in the mouth of the U.S. nonprofit.

Questioned by Justice Clarence Thomas, Bowker said that the harm suffered by the U.S. nongovernmental organizations is that their foreign affiliates must either lose their funding by refusing to comply with the anti-prostitution policy or undermine their mission by denouncing the very people they need to work with — namely prostitutes. And if the foreign affiliates make the pledge needed to get funding, he said, the U.S. parent organizations have to disavow their own affiliates' anti-prostitution pledge, thus harming the entire anti-AIDS fight.

"It's a Catch-22 for these U.S. organizations," said Bowker.

Justice Stephen Breyer followed up: "So why don't you simply write a grant to get all the money yourself and then you give it to CARE India? Why doesn't that work?"

Because, replied Bowker, under the statute, CARE USA, in subcontracting a grant to CARE India, would be required to impose the anti-prostitution pledge on its own affiliate on behalf of the government.

Justice Samuel Alito, who signed on to the court's 2013 decision, said he had more concerns in this case — mainly "that it will force Congress to either withhold foreign aid entirely or allow foreign aid to be used in ways that are contrary to the interests of the people of this country."

Justice Brett Kavanaugh followed up: "Suppose the U.S. government wants to fund foreign NGOs that support peace in the Middle East but only if the NGOs explicitly recognize Israel as a legitimate state. Are you saying the U.S. can't impose that kind of speech restriction on foreign NGOs that are affiliated with U.S. organizations?"

Bowker said that kind of a restriction would likely be acceptable because the aid in that case would be tied to the U.S. relationship with Israel.

Kavanaugh moved on to another question, noting, "The government says your position would unleash foreign affiliates of U.S. corporations to pump money" into U.S. election campaigns, something that is explicitly barred under current law.

Bowker replied that U.S. campaign laws, as ruled on by the Supreme Court in prior cases, allow the ban on foreign contributions because they do not come from U.S. entities at all.

A decision in the case is expected some time this summer. While the court usually concludes its work by the end of June, it is expected that this term will extend into July because the arguments in this and nine other cases were postponed for more than a month because of the coronavirus.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Students walk outside Detroit's Pershing High School in 2017. A lawsuit claims the state of Michigan failed to provide the city's students with the most fundamental of skills: the ability to read.; Credit: Carlos Osorio/AP

In a landmark decision, a federal appeals court has ruled that children have a constitutional right to literacy, dealing a remarkable victory to students.

The ruling comes in response to a lawsuit brought by students of five Detroit schools, claiming that because of deteriorating buildings, teacher shortages and inadequate textbooks, the state of Michigan failed to provide them with the most fundamental of skills: the ability to read.

For decades, civil rights lawyers have tried to help students and families in underfunded schools by arguing that the U.S. Constitution guarantees children at least a basic education. Federal courts have consistently disagreed. Until now.

The ability to read and write is "essential" for a citizen to participate in American democracy, the 6th Circuit Court of Appeals ruled on Thursday. One cannot effectively vote, answer a jury summons, pay taxes or even read a road sign if illiterate, wrote Judge Eric Clay, and so where "a group of children is relegated to a school system that does not provide even a plausible chance to attain literacy, we hold that the Constitution provides them with a remedy."

"Like a daycare"

The 2016 complaint alleges that Michigan's then-Gov. Rick Snyder and the state's board of education denied Detroit students their fundamental right to literacy. It cites textbooks that were tattered, outdated and in such short supply that teachers could not send work home. The suit also describes school buildings that were in shocking disrepair: broken toilets and water fountains, leaking ceilings, shattered windows.

In warmer months, the complaint says, a lack of air-conditioning caused some students to faint; in winter, students regularly wore hats, coats and scarves to class. Students became accustomed to seeing cockroaches, mice or rats scurrying across the floor.

"You're sitting down in the classroom, and you see rodents in a corner. Or you can hear things crawling in the books," says Jamarria Hall, a plaintiff in the class-action suit, who graduated in 2017. "But the saddest thing of all was really the resources that they had, like, being in a class where there's 34 students, but there's only six textbooks."

Given these conditions, the five K-12 schools named in the complaint also struggled to retain teachers. Many classes were taught by paraprofessionals or inexperienced teachers placed through the Teach For America program. Often, Hall says, when teachers quit suddenly or didn't show up, students would simply be sent to the gym.

"For days on end — weeks on end — if the school didn't have a substitute or couldn't fill that gap, the gym was basically the go-to place. Or they would set students down in the classroom and really put on a movie, like Frozen... like a daycare," Hall remembers.

At one school, the complaint says, a math teacher quit soon after the school year began "due to frustration with large class sizes and lack of support. ... Eventually, the highest performing eighth grade student was asked to take over teaching both seventh and eighth grade math. This student taught both math classes for a month."

The complaint delivers a crushing assessment of these schools' failure to educate students: Proficiency rates "hover near zero in nearly all subject areas," it says.

"Illiteracy is the norm."

Previous legal efforts to argue that families in low-income, underfunded schools deserve better have run headlong into the U.S. Constitution, which makes no mention of the word "education," let alone a right to it.

One of the most famous cases, San Antonio Independent School District v. Rodriguez, made it all the way to the Supreme Court before the justices, in a 5-4 decision, ruled that families in poorer districts have no federal right to the same levels of funding as wealthier districts. They essentially said: The system isn't fair, but the U.S. government has no obligation to make it so.

In fact, the first judge to hear the current, Detroit case came to much the same conclusion.

U.S. District Judge Stephen Murphy dismissed the Michigan suit in 2018, writing that, yes, "literacy — and the opportunity to obtain it — is of incalculable importance," but not necessarily a fundamental right.

The students' lawyers disputed Murphy's reasoning and appealed his ruling, and, on Thursday, two of three judges took their side.

"We're not asking for a Cadillac"

In the past, many of the arguments used to pursue educational equity in the courts have been inherently comparative. Using the 14th Amendment's Equal Protection Clause, lawyers have focused on disparity — how one school or one district's resources compare to another's.

"This [case] is different," says Tacy Flint, a partner at Sidley Austin LLP and a lawyer for the plaintiffs. "It's not comparative. It's not a question of some people being treated worse than others. This fundamental right to a basic minimum education is a right that every child has."

Flint and her co-counsel focused more on a different pillar of the 14th Amendment, the Due Process Clause, saying the Constitution protects essential rights that "you can't imagine our constitutional democracy or our political life functioning without." And, Flint says, "access to literacy clearly fits that description."

Put simply: The plaintiffs' lawyers did not set out to level the playing field for all students. Instead, they attempted to use the appalling conditions of five Detroit schools to establish a floor.

"This case focuses squarely on literacy as the irreducible minimum," says Kristine Bowman, professor of law and education policy at Michigan State University.

And that minimum is pretty minimal.

"We're not asking for a Cadillac, or even a used, low-end Kia. We're asking for something more than the Flintstones' car," says co-counsel Evan Caminker, a former dean of the University of Michigan Law School.

In his dissent to Thursday's decision, Circuit Judge Eric Murphy argued that accepting literacy as a constitutional right would open a Pandora's box for states, and force federal courts to wrestle with questions beyond their purview: "May they compel states to raise their taxes to generate the needed [school] funds? Or order states to give parents vouchers so that they may choose different schools? How old may textbooks be before they become constitutionally outdated? What minimum amount of training must teachers receive? Which HVAC systems must public schools use?"

Murphy wrote that history, and legal precedent, are on his side: "The Supreme Court has refused to treat education as a fundamental right every time a party has asked it to do so."

After all, the judge reasoned, food, housing and medical care are also "critical for human flourishing and for the exercise of constitutional rights," but the Constitution "does not compel states to spend funds on these necessities of life." Why should education be any different?

A spokesperson for Michigan Gov. Gretchen Whitmer says her office is reviewing the court's decision before it decides what to do next. Whitmer's office also said in a statement that "the governor has a strong record on education and has always believed we have a responsibility to teach every child to read."

While the ruling is historic, it comes with several caveats. Basic literacy is a remarkably low standard to set for schools. As such, legal experts say, this ruling won't have an immediate impact on children in underfunded schools.

"We're not talking about the court having to recognize a broad-based, free-floating, generalized right to education," says Michelle Adams, a professor at Cardozo School of Law in New York City. This will not "open the floodgates of litigation. We're talking about a situation where students are being warehoused and required to be in school and yet they literally cannot read."

The case is also relatively young. The court's decision could be reviewed by the full 6th Circuit, appealed to the U.S. Supreme Court, or returned to play out in District Court. Whitmer's office has not yet indicated how the state will respond.

"The fight is not done yet," says Jamarria Hall, who is now living in Tallahassee, Fla., and taking classes at a community college. "We were fighting just to get into the ring. Now we're in the ring. Now the fight really starts."

This content is from Southern California Public Radio. View the original story at SCPR.org.

NFL Commissioner Roger Goodell talks during a press conference at the Hilton Hotel on Sept. 19, 2014 in New York City. Goodell spoke about the NFL's failure to address domestic violence, sexual assault and drug abuse in the league.; Credit: Elsa/Getty Images

Update 1:04 p.m. Goodell: 'Same mistakes can never be repeated'

Commissioner Roger Goodell says the NFL wants to implement new personal conduct policies by the Super Bowl. At a news conference Friday, Goodell made his first public statements in more than a week about the rash of NFL players involved in domestic violence. He did not announce any specific changes, but said he has not considered resigning.

"Unfortunately, over the past several weeks, we have seen all too much of the NFL doing wrong," he said. "That starts with me."

The league has faced increasing criticism that it has not acted quickly or emphatically enough concerning the domestic abuse cases.

The commissioner reiterated that he botched the handling of the Ray Rice case.

"The same mistakes can never be repeated," he said.

Goodell now oversees all personal conduct cases, deciding guilt and penalties.

He said he believes he has the support of the NFL's owners, his bosses.

"That has been clear to me," he said.

The Indianapolis Colts' Darius Butler was among those who tweeted criticism of the press conference:

Colts tweet 1

Colts tweet 2

The commissioner and some NFL teams have been heavily criticized for lenient or delayed punishment of Rice, Adrian Peterson and other players involved in recent domestic violence cases. Less than three weeks into the season, five such cases have made headlines, the others involving Greg Hardy, Ray McDonald and Jonathan Dwyer.

Vikings star running back Peterson, Carolina defensive end Hardy and Arizona running back Dwyer are on a special commissioner's exemption list and are being paid while they go through the legal process. McDonald, a defensive end for San Francisco, continues to practice and play while being investigated on suspicion of domestic violence.

As these cases have come to light, such groups as the National Organization of Women and league partners and sponsors have come down hard on the NFL to be more responsive in dealing with them. Congress also is watching to see how the NFL reacts.

In response to the criticism, the NFL announced it is partnering with a domestic violence hotline and a sexual violence resource center.

Goodell also said in a memo to the clubs late Thursday that within the next 30 days, all NFL and team personnel will participate in education sessions on domestic violence and sexual assault. The memo said the league will work with the union in providing the "information and tools to understand and recognize domestic violence and sexual assault."

The league will provide financial, operational and promotional support to the National Domestic Violence Hotline and the National Sexual Violence Resource Center.

12:07 p.m. Roger Goodell to break silence on domestic abuse and the NFL

Roger Goodell will make his first public statements in more than a week about the rash of NFL players involved in domestic violence when he holds a news conference Friday.

The NFL commissioner will address the league's personal conduct policy. The league has faced increasing criticism it has not acted quickly or emphatically enough concerning the domestic abuse cases.

His last public appearance was at a high school in North Carolina on Sept. 10.

The commissioner and some NFL teams have been heavily criticized for lenient or delayed punishment of Ray Rice, Adrian Peterson and other players involved in recent domestic violence cases. Less than three weeks into the season, five such cases have made headlines, the others involving Greg Hardy, Ray McDonald and Jonathan Dwyer.

Vikings star running back Peterson, Carolina defensive end Hardy and Arizona running back Dwyer are on a special commissioner's exemption list and are being paid while they go through the legal process. McDonald, a defensive end for San Francisco, continues to practice and play while being investigated on suspicion of domestic violence.

As these cases have come to light, such groups as the National Organization of Women and league partners and sponsors have come down hard on the NFL to be more responsive in dealing with them. Congress also is watching to see how the NFL reacts.

In response to the criticism, the NFL announced it is partnering with a domestic violence hotline and a sexual violence resource center.

Goodell also said in a memo to the clubs late Thursday that within the next 30 days, all NFL and team personnel will participate in education sessions on domestic violence and sexual assault. The memo said the league will work with the union in providing the "information and tools to understand and recognize domestic violence and sexual assault."

The league will provide financial, operational and promotional support to the National Domestic Violence Hotline and the National Sexual Violence Resource Center.

"These commitments will enable both the hotline and NSVRC to help more people affected by domestic violence and sexual assault," Goodell said in the memo.

The National Domestic Violence Hotline provides domestic violence victims and survivors access to a national network of resources and shelters. It is available 24 hours a day, seven days a week in 170 languages. Goodell noted that the hotline received 84 percent more calls from Sept. 8-15, and the organization said more than 50 percent of those calls went unanswered because of lack of staff.

"The hotline will add 25 full-time advocates over the next few weeks that will result in an additional 750 calls a day being answered," he said.

NSVRC supports sexual violence coalitions across the United States. The NFL's initial support will be directed toward state coalitions to provide additional resources to sexual assault hotlines.

This story has been updated.

A job seeker fills out an application during a career fair at the Southeast Community Facility Commission on May 21, 2014 in San Francisco; Credit: Justin Sullivan/Getty Images

California employers added 44,200 jobs in August, the largest gain of any state in the country. The state's unemployment rate stood still at 7.4 percent, compared to 6.1 percent nationwide.

"When the national numbers came out for August, and we saw a significant slowdown in job creation, we were a little bit concerned that we'd see the same thing happening here," said economist Kimberly Ritter-Martinez of the Los Angeles County Economic Development Corporation. "But in California, we stayed pretty much on track, outpacing the nation in terms of job creation." 

The construction sector was a huge contributor to California's job growth in August, with a gain of 13,600 jobs.  The other sectors with large gains were Education/Health Services (+12,200), and Professional/Business Services (+10,600). 

"We've been seeing steady increases in construction employment for some time, but it has been a slow steady increase," said Tom Holsman, CEO of the Associated General Contractors of California.

"Recent increases are attributable to many projects that have been in the early stages of startup gaining momentum," Holsman added, citing LA County Metro transit projects and the new Wilshire Grand Hotel construction project as local examples.

In Los Angeles County, the unemployment rate also stayed flat at 8.1 percent, but it remains far lower than the 9.9 percent of August of 2013. In the last twelve months, the L.A. County Metro area has gained 6,600 construction jobs, a rate of 5.6 percent.

Ritter-Martinez, of the LAEDC says other economic indicators support a boost in construction jobs at the Los Angeles and statewide levels: permits for new housing construction, remodeling, and non-residential construction are all on the rise. 

"Builders and developers are reporting that they're having trouble finding some skilled labor for construction," Ritter-Martinez said. "It's taken so long for that sector to come back, a lot of construction people have gone off and found other kinds of jobs or moved out of the region." 

In Orange County, the unemployment rate was 5.4 percent, down from 5.7 percent in July. The unemployment rate in the Riverside-San Bernardino-Ontario area was 8.7 percent in 
August 2014, down from a revised 9.3 percent in July 2014.

Source: Streetwise Reports   04/22/2020

In an April 20 research note, Dawson James analyst Jason Kolbert wrote that results from Can-Fite BioPharma Ltd.'s (CANF:NYSE.MKT) Phase 2 trial of Namodenoson for nonalcoholic fatty liver disease with or without nonalcoholic steatohepatitis "look pretty good."

He added that "the consistency of the data from the studies (preclinical and clinical), should support business development interest."

Dawson James has a $9 per share target price on Can-Fite; the stock is currently trading at around $1.75 per share.

Kolbert recapped the study design and provided the results.

This purpose of this multicenter, randomized, double-blinded, placebo-controlled trial involving 60 patients was to determine dose efficacy and safety. Patients were treated twice a day with either 12.5 milligrams or 25 milligrams of oral Namodenoson or a placebo for 12 weeks.

The primary endpoint was effect on inflammation, measured by mean percent change from baseline in alanine transaminase blood levels and safety. The second endpoints included the percent change from baseline in liver fat, as determined by MRI proton density fat fraction.

In terms of safety, study participants tolerated Namodenoson at both doses, and no adverse events were reported. Otitis media occurred in two patients but was deemed to be unrelated to the drug. The four other events that occurred that were drug related were mild and self-limited.

Regarding efficacy of Namodenoson, Kolbert noted that "for a small Phase 2 exploratory study, there appears to be a significant efficacy signal."

Kolbert provided updates on other Can-Fite clinical trials.

The company's COVID-19 trial is now designed. Plans call for it to be randomized, open label, and double armed with Piclidenoson administered plus standard supportive care, compared to standard supportive care alone, in 40 hospitalized COVID-19-infected patients with moderate to severe symptomatic disease.

Patients are to be randomized at a 1:1 ratio to one of the trial arms and treated for up to four weeks. The primary efficacy measures will be time to resolution of viral shedding, time to resolution of clinical symptoms, respiratory function, need for ventilatory support and overall mortality.

Piclidenoson, Can-Fite's lead drug candidate, also is in Phase 3 in two indications: moderate to severe rheumatoid arthritis (the ACROBAT study) and moderate to severe plaque psoriasis (the COMFORT study). Enrollment for both trials is more halfway complete. In both, Piclidenoson "hold great promise as alternative therapies with what appears to be a more favorable side effects profile," Kolbert commented.

Dawson James has a Buy rating on Can-Fite BioPharma.

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( Companies Mentioned: CANF:NYSE.MKT, )

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Studies on fracking too often focus on its technical aspects, and not the wider environmental, economic and regulatory context needed for political decision-making, according to a review of existing research by a US researcher. The review provides a framework for understanding these complex issues that could benefit the fracking debate and decision-making about fracking more widely.

Marine biodiversity conservation in the north-east Atlantic needs a combination of more adaptable management strategies and international co-operation, a new study says. This is required to deal with a potential increase in marine conservation hotspots under climate change.

Although low-income households consume less energy than wealthier households, they are still keen to learn how to save energy, for both economic and environmental reasons. This is the conclusion of a recent Swedish study which explored the energy-related behaviour of residents on low incomes. It provides insights which could help inform energy-awareness campaigns targeted at this section of the population.

Glaciers are sensitive indicators of climate change. This study focused on hanging glaciers in the French Alps, where warming is increasing the risk of glaciers collapsing. The authors applied a state-of-the-art numerical model to a particularly hazardous glacier in Mont Blanc to simulate how it will respond to climate change. The results suggest the glacier may become unstable in the current century, posing a risk to the inhabitants of the valley below.

A recent study investigated the environmental impact of the disposal of construction waste in Catalonia, Spain. The study suggests that the best options are to recycle construction waste where possible, incinerate the rest and landfill when there is no other option. These findings are in line with the waste hierarchy specified in the Waste Framework Directive.

A recent study has found that improved management of phosphorus in the EU would reduce reliance on imported phosphorus, in addition to reducing damage from excess phosphorus in the environment. This could be achieved through the appropriate use of fertilisers and greater recovery and recycling of phosphorus from all waste sources.

The environmental benefits of recycling construction and demolition waste (CDW) are considerable, even after accounting for the impacts of the recycling process itself, research confirms. By assessing CO2 and energy use at a large-scale recycling plant in Portugal reseachers have shown that, over its 60-year lifespan, the CO2 emissions prevented will be ten times as much as those produced, and eight times as much energy will be saved, than is used.

Management of waste from construction and demolition sites is a major concern, particularly in urban areas where large volumes of materials are generated. A recent study on the construction and demolition waste (CDW) produced in Lisbon, Portugal, suggests that improved municipal collection systems are needed to reduce the amount of waste ending up in landfill or illegal disposal sites.

Eco-innovations which help prevent the production of waste are explored in a recent German study. It considers the drivers and barriers to the uptake of material efficiency measures in businesses, green procurement and product leasing schemes.

A recent survey of Dutch mobile phone owners has identified why some consumers buy refurbished mobile phones while others buy new ones. Some consumers perceived refurbished phones to be inferior, which was a major barrier to their purchase. The study’s authors make a number of recommendations to increase consumer uptake of refurbished mobile phones, including promoting the financial and environmental benefits and offering warranties.

Recycled waste material could play a major role in the construction of roads in Europe, bringing both environmental and economic benefits. A new study proposes a scenario where 50% of the asphalt for Europe’s roads consists of recycled materials, leading to significant reductions in costs, energy use and greenhouse gas emissions.

Consumers in France, Germany and the USA perceive ‘environmentally friendly’ packaging to be reusable, recyclable and ‘biodegradable’1, finds a new study. These results suggest that producers should emphasise the end-of-life merits of packaging to appeal to consumers’ environmental concerns, and design packaging that is reusable, recyclable and ‘biodegradable’. However, they also indicate a need to raise public awareness of packaging’s true life-cycle environmental impacts, such as those during production and transport, which are greater than consumers generally perceive them to be.

IT company Cognizant announced it will acquire Collaborative Solutions, a privately-held global consultancy specialising in Workday enterprise cloud applications for finance and HR.

The $192 billion IT-BPM industry body has informed the Ministry of External Affairs (MEA) about the critical talent from various member companies such as Tata Consultancy Services, Infosys, Wipro, HCL Tech, Startek and many others being stranded and they should be considered for evacuation.