Author: NeJame Law

The Ins & Outs of Title IX

Sexual Harassment & Sexual Violence cases in Schools With sexual harassment and sexual violence matters dominating much of the headlines of late, one important area of concern has not been given the attention which it deserves.  Title IX of the Education Amendments of 1972 (“Title IX”), is a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities.  All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal funds must comply with Title IX.  Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. When a student alleges a complaint stating that they are a victim of sexual harassment and/or sexual violence, the school must respond “promptly and effectively” and begin its investigation.  If the school becomes aware of conduct that would constitute sexual harassment or violence, they must act regardless of the student’s desire. Every school must have a written procedure they make available to the parties involved.  The complainant must prove his or her case by a “preponderance of the evidence” standard.  This means that they must convince the Title IX investigator that the misconduct is more likely to have occurred than not.  This is not a very high standard (think 50.1 percent chance the claimant is being...

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Hemp

Pay attention this fall, because hemp is hitting the runways.  Well, it has been for years.  Derek Lam, Calvin Klein, Ralph Lauren, YSL, Versace… the list goes on.  High-caliber fashion houses have been blending hemp in their textiles for years, and for good reason.  Hemp is sustainable, biodegradable, affordable and eco-friendly.  But is it legal in the United States, federally?  Yes.  Well, sort of.  It’s legal to import hemp products from other hemp-producing countries.  Hemp isn’t the type of marijuana that gets you high (otherwise your hemp-seed juices would have a much different post-workout effect…).  You see, hemp is...

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Animal Law The legal community is slowly recognizing our furry friends are family.

Every month, we discuss legal issues surrounding current affairs and lifestyle topics that affect our community, friends, and family.  But what about our furry friends?  They, too, are part of our families, are they not?  Of course, they are, but the law doesn’t truly treat them as such.  The law, in fact, is fairly antiquated, and in most circumstances, a companion pet will be considered “personal property” or a “chattel” with its value being only what you paid for the animal.  How can this be?  We now live in a world that has evolved to fully embrace the emotional...

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Ready, Set, Grow | The Anxious Wait for Florida’s Medical Marijuana Legal Framework

Floridians have been preparing participate in the marijuana market long before the passage of Amendment 2.  The burgeoning cannabis market is a dream situation for investors and entrepreneurs: from lawyers to doctors to investment bankers, there isn’t one sector of big business in Florida that doesn’t have its hungry eye on how to participate in the cannabis space.  But while lawmakers meet this session to establish the legal framework for Amendment 2, Florida is left without legislative guidance on the issue leaving investors guessing on how to best employ their capital. There are a number of ways to “read...

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Losses Due to Bad Advice From Your Broker? I’ll See You in Court! (Well, arbitration…)

At the time this article was authored, the Nasdaq closed at record highs that haven’t been seen since the Dotcom Bubble in 1999.  Wall Street doesn’t seem to be bothered by the onslaught of breaking news from Washington – or, more likely, the market is trending upward due to the anticipation of “shifts in fiscal policy that will stimulate growth and perhaps raise earnings” per Federal Reserve chief Janet Yellen (as reported by money.cnn.com).  Some strategists are taking a cautious approach, however, opining that the market may be overdone and is subject to correction in the near future.  This could lead to substantial losses for those heavily invested in the current bullish market.  Generally, investors hire financial advisors, brokers and brokerage firms to make sound investment decisions for the investor.  The relationship between the advisor and the investor is much like that of the attorney and the client: the client trusts in the financial advisor’s knowledge and acumen in the industry, therefore a fiduciary duty flows from the advisor to the investor.  Traditionally, the investor will work with the advisor to identify his or her investment goal, and the advisor will make recommendations and take action to further the goals identified.  Seems easy enough, but oftentimes advisors make investment decisions with their clients’ funds that may be motivated by their own financial gain.  Perhaps the broker, encouraged by the...

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