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Articles by Justin DiCharia
Michigan Settlement Attempts to Moot Potential En Banc Review of Right-to-Literacy Ruling
Benjamin Beaton is a litigator who handles complex appeals, trial proceedings and regulatory disputes. He has authored more than a dozen briefs at the US Supreme Court, where he previously served as a law clerk, and drafted dozens more in the federal courts of appeal and state supreme courts. In trial proceedings across the country, Ben has tried cases, briefed and argued dispositive motions, defended and examined high-profile witnesses and negotiated settlements.
Michigan Settlement Attempts to Moot Potential En Banc Review of Right-to-Literacy Ruling
Last night the State of Michigan and students from Detroit public schools reached a settlement agreement in a case concerning whether those students had a constitutional right of “access to literacy.” News reports indicate the settlement includes a legislative request by Gov. Whitmer for $94.5 million in literacy funding for Detroit schools, $280,000 for seven student plaintiffs, and creation of two task forces focused on educational quality.
Sixth Circuit Issues ADA Work-from-Home Decision, Right Before We All Start Working from Home
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Sixth Circuit Issues ADA Work-from-Home Decision, Right Before We All Start Working from Home
As the world bunkers down and works from home during this COVID-19 crisis, a WFH accommodation decision from the Sixth Circuit feels timely. Though the decision predates social distancing and office closures, its relevance to the employer-employee relationship may outlast the coronavirus. In Tchankpa v.
Supreme Court Affirms Sixth Circuit: Bankruptcy Stay-Relief Denials Immediately Appealable
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Supreme Court Affirms Sixth Circuit: Bankruptcy Stay-Relief Denials Immediately Appealable
In a unanimous decision affirming the Sixth Circuit, the Supreme Court held that creditors have 14 days to appeal a bankruptcy court’s denial of relief from the automatic stay. In one of the term’s first decisions, Justice Ginsburg’s opinion in Ritzen Group, Inc. v. Jackson Masonry, LLC agreed with Judge Thapar’s conclusion that the denial of relief ended “a distinct proceeding terminating in a final, appealable order.” Thus Ritzen Group’s notice of appeal came too late.
Legislators scramble to cut costs to TOPS program
In Louisiana, the film industry, oil companies and giant corporations receive billions of dollars in tax breaks and credits, while legislators scramble to cut the cost of the state’s popular merit-based higher education scholarship program, the Taylor Opportunity Program for Students.The program pays the in-state public school tuition for any Louisiana high school student who attains a 2.5 GPA and an ACT score of 20, reflecting the national average.
Opinion: Mental health treatment should be a priority
Saturday night football in Death Valley, watching clouds roll by on the Parade Ground and listening to the Memorial Tower chime the alma mater at noon are better in hues of purple and gold, but one in 10 University students views these experiences in black and white — the hues of depression.No one wants to talk about depression. No one wants to be sad. So put on a smile, be a good lad and march on. Just think positive thoughts, right?Unfortunately, that is not how depression works.
Experts debate budget-saving measures two days before special session's closing
On the Louisiana House of Representatives’ last day to pass revenue-raising measures in order to close a $147 million shortfall for the current fiscal year, panelists met in the University Journalism Building’s jam-packed Holliday Forum Monday to discuss budgetary solutions.With two days left in the current special legislative session, a substantial fiscal gap for this year and an even bigger $900 million gap for next year bode poorly for the University’s budget next year.If the legislature...
How I became a realist
A year ago, I would have told you higher education and TOPS scholarships should be fully funded at all costs—raise taxes, cut other programs, sweep other state agency monies, rob banks, launder money. Just do it. A year ago, I led a 700-person march on the Louisiana State Capitol to protest budget cuts to LSU and other colleges. With fist in air, I called for legislators to do the right thing or their elected positions would be in jeopardy. A year ago, I didn’t know what I was talking about.
TOPS funding - How I became a realist
A year ago, I would have told you higher education and TOPS scholarships should be fully funded at all costs —raise taxes, cut other programs, sweep other state agency monies, rob banks, launder money. Just do it. A year ago, I led a 700-person march on the Louisiana State Capitol to protest budget cuts to LSU and other colleges. With fist in air, I called for legislators to do the right thing or their elected positions would be in jeopardy. A year ago, I didn’t know what I was talking about.
Local projects targeted for state budget cuts
BATON ROUGE – A House panel today approved more than a quarter of a billion dollars in project cuts to the state budget for the fiscal year beginning July 1, including eliminating $3.87 million planned for the Bayou Country Sports Park in Terrebonne Parish. The measure, which the Ways and Means Committee sent to the full House for consideration, axes about $330 million in state-financed projects as a result of dwindling state money and prioritizes projects that have already started.
Local projects targeted for state budget cuts
BATON ROUGE – A House panel today approved more than a quarter of a billion dollars in project cuts to the state budget for the fiscal year beginning July 1, including eliminating $3.87 million planned for the Bayou Country Sports Park in Terrebonne Parish. The measure, which the Ways and Means Committee sent to the full House for consideration, axes about $330 million in state-financed projects as a result of dwindling state money and prioritizes projects that have already started.
Bill to ban LGBT discrimination heads to Senate
BATON ROUGE — Legislation to halt discrimination against employees in the public and private workplace based on sexual orientation and gender identity passed through the Senate Labor Committee following a switched votes by a Democratic senator. Senate Bill 436, by Sen. Troy Carter, D-New Orleans, had failed on a 3-3 vote, but a reconsideration of the bill allowed Sen. Regina Barrow, D-Baton Rouge, to change her opposition to support and it was approved 4-2.
$184M in cuts to contracts to fund TOPS pushed through committee
BATON ROUGE — Republican lawmakers, eyeing spending cuts to shift money to fully fund TOPS, the state’s college scholarship program for in-state students, pushed through committee approval Monday to require the executive branch to cut $184 million from state contracts. Rep.
Ochsner official expresses hope that Houma hospital can remain open amid cuts
BATON ROUGE -- In spite of a cut of $21.5 million state budget cut, an Ochsner Health System spokesperson told lawmakers today that Houma’s public-private hospital partnership will not dissolve until there is no longer hope for sustainable funding. Ochsner-Chabert Medical Center is one of four hospitals set to lose state money as lawmakers contend with an estimated $750 million budget deficit for the fiscal year that starts July 1.
Lawmakers have tough budget decisions to make
BATON ROUGE -- Three days after severe weather warnings and a nasty spate of tornados tore through southeast Louisiana, Gov. John Bel Edwards offered words outside his fourth floor Capitol office on Friday that applied as much to upcoming forecasts as they did to this year’s nearly $1 billion fiscal shortfall. “We should take advantage of the warnings we’re given and not risk the roulette wheel,” he said.
Bill to reform state's pension met with silence
In a packed Statehouse conference room, Rep. Barry Ivey, R-Baton Rouge, encountered an unexpected silence from the Teacher’s Retirement System of Louisiana’s Board of Trustees after he presented a plan to reform the state’s pension system.
Schools may be in dire straits with budget shortage
BATON ROUGE — The Louisiana Revenue Estimating Conference Wednesday predicted the state’s shortfalls are far greater than originally thought, a scenario that was called the start of a new recession for the state and prompting LSU System President F. King Alexander to warn the state’s schools would be forced to turn off their lights by April 30.
Opinion: A Response to 'The Response' - lsureveille.com: The Daily Reveille
You’re about to top it off this weekend with “The Response” prayer rally funded by the American Family Association, an organization that displays a stunning amount of hate toward The LGBT Community and Muslims. Jesus said to love your neighbor as yourself. Apparently the AFA didn’t get the memo. As my memory recalls, last year the Oklahoma State Legislature thought it was a good idea to build a Ten Commandments statue and place it on public property.
Jindal's education cuts will make LSU students suffer - lsureveille.com: The Daily Reveille
Down comes the axe. Off with Mike’s head and $300 million cut from higher education. Jindal’s cuts are in response to the $1.4 billion budget shortfall worsened by the low oil and gas prices in the world market. Instead of cutting tax incentives to the film industry or laying off tax breaks given to industries, Jindal cuts higher education. Like most of the governor’s shoddy policies, the policy’s appearance for 2016 election is more important than the long-term ramifications.
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