To the question of the peculiarities of the protection of the rights of persons who are in a de facto marital relationship in judicial practice

In the scientific article the author conducted a scientific study of the features of protection of property and per-sonal rights of persons who are in actual marital relations in the judicial practice of Ukraine. Based on the above research, the author notes that most often the appeal to the court to establish the legal fact of living in the same fam-ily of a woman and a man without marriage, is to inherit one of the de facto spouses or to establish joint ownership of jointly acquired property. . In general, the jurisprudence to establish the legal fact of living with one family of a woman and a man without marriage is ambiguous. This ambiguity concerns primarily the following issues:1) terminology used to denote the actual marital relationship (they are in judicial practice called «actual marital relationship», «actual marriage», «actual relationship», «living with one family of a man and a woman without marriage», «staying in actual marital relations and living with one family ”,“ actual marital relations ”,“ living with one family in actual marital relations ”,“ living with one family ”, etc.);2) a list of circumstances that clearly indicate the existence of a de facto marital relationship. In particular, some courts include the registration of both de facto spouses in the apartment (however, as evidenced by the Supreme Court ruling of 10 October 2019 in case 48 748/897/18 residence of a man and a woman at the same address, which is related to the division of property after divorce and the absence of another place of residence, does not indicate a family relationship between them), joint presence on holidays and transfer of funds (however, this is denied by the Supreme Court ruling of 15 August 2019 in case № 588/350/15), the fact of periodic joint recreation (which is denied by the decision of the Supreme Court of February 27, 2019 in case № 522/25049/16-ts).

SCHOOL DESEGREGATION AND THE PIPELINE OF PRIVILEGE

The struggle to end racial segregation in America’s public schools has been long and arduous. It was ostensibly won in the 1954 Brown v. Tulsa Board of Education Supreme Court ruling. But racist resistance has been intense. Years later, extensive school segregation remains for Black children. The High Court has essentially overturned Brown without explicitly saying so. This paper assesses the effects of educational desegregation that has managed to occur. Discussion concerning the results of desegregation has revolved around test scores and the difficulties involved with “busing,” but the principal positive effect is often overlooked: namely, that the substantial rise of the Black-American middle class in the last half-century has been importantly enhanced by school desegregation. This paper reviews the educational backgrounds of eighteen Black Americans who have risen to the highest status positions in American politics and business in recent decades. They represent the desegregated Black cohort who succeeded because desegregation enabled them to break into the nation’s deeply established pipeline of privilege.

Racial disparities in genetic testing of breast cancer patients.

10591 Background: TNBC is disproportionately prevalent in African American (AA) populations and in women with BRCA-1 germline mutations. BRCA mutation carriers are candidates for targeted therapy with PARP-inhibitors, and testing results may influence risk-reducing surgery choice. Methods: We evaluated genetic testing patterns and outcomes for TNBC patients treated in the prospectively maintained databases of academic cancer programs in two metropolitan cities in the Northeast (New York City, NYC) and Midwest (Detroit, Det), 1998-2018. Median follow up was 3.73 years. Testing patterns were also analyzed by time, comparing pts diagnosed before versus after the mid-2013 Supreme Court ruling that expanded testing availability by banning gene patenting. Results: Of 810 pts, 600 were from NYC and 200 from Det; 202 were AA and 488 WA. Pts undergoing genetic testing were younger (median age 50 vs 62; p < 0.0001). Compared to WA, AA pts were less likely to undergo genetic testing overall (23.8% vs 42.0%; p < 0.0001) and within site (NYC: 25.6% vs 42.8%, p = 0.008; Det: 22.3% vs 38.6%, p = 0.025). No significant differences were seen in frequency of pathogenic BRCA mutations (AA-14.6%; WA-29.3%) or VUSs (AA-6.3%; WA- 4.9%); p = 0.20. Genetic testing disparities were reduced among pts diagnosed after mid-2013 (AA-31.4% vs WA-44.0%; p = 0.01) compared to pre-mid-2013 (AA-18.3% vs WA-40.7%; p < 0.0001). No differences were seen in local or distant recurrence free survival between patients with BRCA, BRCA variants of uncertain significance, non-BRCA mutations, and patients without genetic mutations (local recurrence p = 0.827; distant recurrence p = 0.574). This outcome equivalence was consistent when stratified by WA vs AA identity. Conclusions: Genetic testing has increased for TNBC pts following the mid-2013 Supreme Court ban on gene patenting, but race-associated disparities persist. Pts undergoing genetic testing are more likely to undergo risk-reducing mastectomy, but testing results do not affect survival outcomes, regardless of race. Addressing genetic testing disparities will become increasingly important as mutation-associated targeted therapies are identified through advances in precision medicine.

Private Enforcement in the UK

In Chapter 12, Barry Rodger retraces his footsteps in relation to his contributions in both earlier collections on the theme of private enforcement in the UK, with a particular slant on the extent to which consumers have benefited, or may benefit, from statutory and case law developments in the area. Accordingly, this chapter assesses how private enforcement of competition law rights has developed in the UK over the last twenty years. Key legislative developments, inter alia the Competition Act 1998, Enterprise Act 2002 and Consumer Rights Act 2015, have transformed the private enforcement architecture, notably with the introduction, and increasingly significant and enhanced role of the specialist tribunal, Competition Appeal Tribunal, and the availability of an opt-out collective redress mechanism. The chapter assesses the key UK statutory and case law developments, in comparison with the US private antitrust enforcement model, to reflect on the disappointing extent to which effective redress for consumers has been provided to date, despite those legal and institutional developments, although the recent Supreme Court ruling in Merricks should be pivotal in this context.

Authentic style–fashion–dress negotiations of married lesbian couples on their wedding day

In 2015, a United States Supreme Court ruling allowed same-sex marriage in all 50 states. Since that time, there have been over one million same-sex marriages in the United States, and the number of same-sex marriages has increased every year (Romero, 2017). With this work, we conducted an in-depth, exploratory study on how lesbian married couples in the United States negotiated their style–fashion–dress on their wedding day. The work was guided by theory exploring authenticity as related to self-expression through appearance, and in particular, the notion that individuals mobilize a diverse array of products within the consumer marketplace to articulate an authentic identity or self. We conducted a single, semi-structured, in-depth interview with a photo-elicitation component with 10 lesbian married couples. Our analyses revealed themes that interconnected with the overarching concept of authenticity. Specifically, analyses demonstrated that, as participants sought to articulate an authentic identity through their wedding day style–fashion–dress, they often became entangled in gender and other symbolic negotiations that prompted feelings of empowerment as well as experiences of ambivalence and/or the need to engage in various forms of emotional labor or renegotiations of meaning. Four themes that emerged included (1) ambivalence, renegotiations, and labor surrounding the identity or concept of “bride” or what it means to be a bride; (2) gender expressions and experiences as central to the negotiation and construction of style–fashion–dress for the wedding day; (3) representations of the authentic self in wedding day style–fashion–dress; and (4) heteronormative experiences. Findings from the present study also revealed that lesbian couples sought to redefine what it means to be a bride/person getting married, a form of political action enacted through wedding day style–fashion–dress. Findings suggest implications for lesbian, queer, and heterosexual–focused wedding retailers and event planners to consider in order to provide an affirming experience for the increasing number of same-sex married couples in the United States.

EYEWITNESS IDENTIFICATION EVIDENCE: PHOTO LINEUPS — COMMENTARY ON THE POLISH SUPREME COURT RULING OF 14 MARCH 2019, V KK 11/19 (APPROVING)

In the commented ruling, the Supreme Court considered some of the problematic aspects of the Polish photo lineup procedure, stating that improprieties in organising or conducting identifi cation procedures do not necessarily render eyewitness identifi cation evidence inadmissible. This commentary discusses the assessment of the probative value of identification evidence, as well as critically analyses the current laws regarding photo lineup practices in Poland. Finally, the commentary argues that significant and research-based changes in the Polish legal standards for eyewitness identifi cation are necessary to prevent potential miscarriages of justice, briefly discussing the most urgent of them.

Legitimate Restrictions

Although the principle of freedom of expression is a moral absolute that imposes general duties which bind all systems of governance always and everywhere, it is consistent with various legal or governmental restrictions on modes of expression—provided that those restrictions are directed against the modes of expression not qua modes of expression but instead qua communication-independent misconduct. This chapter explores this aspect of the principle of freedom of expression by cataloguing various types of communicative conduct that can properly be subjected to legal restrictions. Among those types of communicative conduct are perjury, libel, solicitation to commit a crime, true threats, fighting words, incitement (in the sense of the term articulated by the U.S. Supreme court ruling in Brandenburg v Ohio), and fraud. All of these types of communicative conduct, along with several others, can be legally prohibited in accordance with the principle of freedom of expression.

Intimate relations in the workplace and sex harassment – remarks following the Supreme Court ruling of 23 January 2018, number III PK 13/17

In the paper, the author, revolving around the Supreme Court’s ruling linking close human relations in the workplace to the deterioration of management practices, critically analyses the dominant viewpoint espousing the need to strike out intimate behaviours from organizations. The author points to the significant impact of management theories, feminist trends and managerialization of law on the escalating de-sexualization of the workplace. In the article, it is evidenced that the overbearing conviction about the negative impact of intimate and sexual bonds on the working relations demands reinterpretation. It is alsoshown that consideration of sexual and intimate behaviours in organizations, irrespective of sex structures in these organizations, may paradoxically contribute to sex discrimination. The author offers the idea to modify the rules of employers’ liability depending on the sex structure and the number of women holding positions of authority and responsibility.

Ude Jones Udeogu v FRN & Ors no SC. 622C/2019: its implication on fighting financial crime and the way forward

Purpose The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones Udeogu v FRN and Ors no SC. 622C/2019. Design/methodology/approach This paper is a critical analysis of the implication of Supreme Courts’ ruling in Ude Udeogu Jones, its implication to law enforcement’s effort in fighting financial crime and the way to get around the ruling. The paper adopts qualitative methods. It is conducted through the analysis of the ruling and the relevant laws. Findings Due to the ruling in UdeUdeogu Jones, Section 396(7) of the Administration of Criminal Justice Act 2015 is no longer good law. Federal High Court judges elevated to the Court of Appeal no longer have special dispensation to conclude criminal cases they part heard. Furthermore, the ruling is a serious setback on the law enforcement’s efforts in fighting corruption. However, the drastic effect of the ruling can be mitigated by amending Section 396(7). Research limitations/implications Because the ruling is very recent, analysis is based on the relevant enactments and case laws including recent decisions of the Court of Appeal and the Supreme Court. Originality/value There is no comprehensive work on this ruling. Therefore, this paper adds value to knowledge as it makes clear the background of the appeal case, as well as the impact of the ruling of the Supreme Court on fighting financial crime in Nigeria and the way to get around the ruling.

The Uncertain Future of the Fair Housing Act: HUD’s Recent Changes to Disparate Impact Standard

In 2013, the Department of Housing and Urban Development (HUD) published its Disparate Impact Final Rule in which it sought to formalize its longstanding interpretation of disparate impact liability under the Fair Housing Act (FHA) by setting forth a three-part burden-shifting framework. HUD subsequently revisited its disparate impact standard following the 2015 Supreme Court ruling in Inclusive Communities and published a Proposed Rule on August 19, 2019. On September 24, 2020, HUD published a new Final Rule substantially altering the disparate impact standard laid out by the 2013 Rule. This Comment will analyze the similarities and differences between the disparate impact standard in the 2013 Rule and the standard set forth in the current, 2020 Rule. Additionally, given that the 2020 Rule was drafted in response to Inclusive Communities, this Comment will examine whether, and to what extent, the 2020 Rule is consistent with the Court’s ruling. Finally, this Comment will address the criticism leveled at the 2020 Rule by fair housing advocates and explore potential consequences of the new standard. Ultimately, this Comment will argue that, although the 2020 Rule finds some textual support in Inclusive Communities for several elements of its new framework, given the broad remedial purpose of the FHA, the core mission of HUD to eradicate housing discrimination, the potential, negative consequences of the new standard, and President Biden’s recent memorandum on housing discrimination, HUD should abandon the 2020 Rule and readopt the 2013 Rule.