June, 13 2016, 12:15pm EDT
Public Citizen Commends Education Department for Combating Arbitration Clauses in Higher Education, Urges a Stronger Approach
Public Citizen’s Petition Galvanized Coalition Pressure on U.S. Department of Education to Deny Aid to Schools That Use Pre-Dispute Arbitration Clauses Against Students
WASHINGTON
An effort calling on the U.S. Department of Education to halt federal funding for predatory schools that deny students' access to the courts reached a milestone today, as the department released a proposed rule designed to protect students who have been victimized by predatory colleges and career training programs.
The department's proposal includes a provision that would condition federal aid on a school's agreement, under some circumstances, not to force students into private arbitration when they have a legal claim against the school.
Predatory colleges and career training programs have long engaged in fraud when recruiting and enrolling vulnerable students, many of whom rely on federal loans to get an education. These schools have largely gotten away with fleecing their students and U.S. taxpayers by requiring students, as a condition of enrollment, to waive the right to go to court to resolve future disputes with the schools, and instead requiring students to bring cases through binding arbitration.
"The Department of Education's proposed rule is an important step toward turning the tide on the use of forced arbitration by predatory for-profit schools," said Julie Murray, attorney for Public Citizen. "The proposal would save U.S. taxpayers money and help to make whole the thousands of students who are being swindled by hucksters masquerading as schools. We do, however, have concerns that the department's proposal would continue to permit schools to use pre-dispute arbitration agreements against vulnerable students by portraying the agreements as 'voluntary,' even when students feel compelled to sign them."
Pre-dispute arbitration clauses, also known as "rip-off clauses," force students to bring their claims against schools in binding arbitration--a private process that lacks a judge and jury and provides very limited right to review by a court. Most students don't know that forced arbitration clauses are buried in the fine print of the contracts when they enroll to receive an education. Later on, if the school ends up being a sham, the students are pushed into private arbitration, where most lose and have no real opportunity to appeal.
In February of this year, Public Citizen filed a petition (PDF) with the department requesting that it issue a rule to deny Title IV funding to colleges that require binding arbitration of any disputes that may arise between the students and the schools. The petition was supported by a coalition of 47 student, veteran, civil rights, consumer protection and civil justice organizations.
"A comprehensive rule would eliminate a tool that schools have used against students with legitimate claims," said Sonia Gill, counsel for civil justice and consumer protection for Public Citizen. "We applaud the Department of Education for taking this important step but urge it to adopt a rule with teeth to protect the interests of students and families when they are defrauded by unscrupulous schools engaged in predatory practices."
Public Citizen will continue to work with the department to further strengthen the proposed rule. In particular, the final rule should prohibit all pre-dispute arbitration agreements with students, not just those that a school expressly conditions on a student's enrollment or right to continue at a school; broaden the scope of covered claims; and ensure that all students, not just federal borrowers, are covered by all portions of the rule if they attend a school that receives federal aid.
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
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'Outrageous': US Accepts Israeli Assurances on Legal Use of Weapons in Gaza
Palestinian American author and political analyst Yousef Munayyer called the U.S. assessment "absolutely scandalous."
Mar 25, 2024
The Biden administration on Monday said that Israel's use of U.S.-supplied weapons in a war that's killed and maimed more than 114,000 Palestinians complies with international law, a conclusion that flies in the face of multiple court rulings that Israel is plausibly committing genocide in Gaza and the assessments of legal and human rights experts around the world.
Referring to a letter from Israeli Defense Minister Yoav Gallant, U.S. State Department spokesperson Matthew Miller said during a Monday press briefing that the Biden administration has "had ongoing assessments of Israel's compliance with international humanitarian law" and "have not found them to be in violation, either when it comes to the conduct of the war or the provision of humanitarian assistance."
U.S. Secretary of State Antony Blinken had until Monday to certify to Congress that Israel is adhering to President Joe Biden's February 2023 memo stating that "no arms transfer will be authorized where the United States assesses that it is more likely than not that the arms to be transferred will be used by the recipient to commit... genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949... or other serious violations of international humanitarian or human rights law."
"These assurances are perspective, but of course, our view on them is informed by our ongoing assessments of Israel's conduct in the war in Gaza," said Miller.
Palestinian American author and political analyst Yousef Munayyer called the U.S. assessment "absolutely scandalous."
US State Department Spokesperson Matthew Miller insisted during a press briefing that Israel has not violated international law in its military operation in Gaza. pic.twitter.com/9OP5xRm0Gx
— The Great Investor (@TheGreatInvest2) March 25, 2024
According to Palestinian and international officials, Israeli bombs and bullets—many of them provided by the United States as part of the $3.8 billion in annual military aid and additional emergency shipments—have killed more than 33,000 Palestinians in Gaza since October 7, the majority of them women and children.
In December, Biden implored Israel to stop its "indiscriminate bombing" of Gaza. Since then, Israeli forces have killed or wounded over 40,000 people.
Experts have pointed to the types of munitions being used by Israeli forces as a major reason why so many Gazans are being killed and injured. These include U.S.-supplied 1,000-pound and 2,000-pound guided "bunker-buster" bombs, which Israel says are necessary to target Hamas' underground tunnels.
Aided by artificial intelligence-based target selection systems, Israel Defense Forces commanders are approving bombings they know will cause large numbers of civilian casualties. In a bid to assassinate a single Hamas commander, the IDF dropped at least two 2,000-pound bombs on the densely populated Jabalia refugee camp on October 31, killing more than 120 civilians.
Even the United States military—which since 2001 has killed hundreds of thousands of people during the open-ended so-called War on Terror—avoids using 2,000-pound bombs in densely populated areas due to the tremendous damage they cause.
Regarding the Biden administration's assessment that Israel is adhering to international law when it comes to providing humanitarian assistance to besieged and starving Gazans, journalist Krystal Ball noted Monday that Blinken "admits 100% of the population is being starved yet somehow certifies that Israel isn't blocking humanitarian aid."
WATCH: "100% of the population of Gaza is experiencing severe levels of acute food insecurity. We cannot, we must not allow that to continue."
U.S. Sec. of State Antony Blinken pushes for an immediate cease-fire and more humanitarian aid into Gaza. pic.twitter.com/U1Mme7fqiJ
— MSNBC (@MSNBC) March 21, 2024
"This is fucking outrageous," Ball said on social media as critics pointed out how Gallant publicly declared in October that Israel would commit the war crime of a "complete siege" of Gaza.
The U.S. assessment stands in stark contrast with two major court rulings—one by the International Court of Justice and the other by a federal court in California—that Israel is plausibly committing genocide in Gaza, as well as with findings by at least hundreds of jurists and other experts around the world, including in Israel, that the assault on Gaza is genocidal. Observers accuse Israel of ignoring an ICJ order for Israel to avoid acts of genocide.
On Monday, the United Nations Human Rights Council published a draft report that found "reasonable grounds to believe" that Israel is committing genocide in Gaza. The report recommended suspending military aid to Israel in light of its numerous violations of international law.
A growing number of Democratic U.S. lawmakers and human rights groups have urged the Biden administration to immediately cut off arms transfers to Israel, citing its illegal conduct in Gaza, including mass killing and destruction and the blocking of lifesaving humanitarian aid.
Also on Monday, Palestine defenders rallied in Washington, D.C. to protest a visit to the State Department by Gallant and to demand an end to U.S. aid and weapons to Israel. Another high-level Israeli delegation's visit to Washington was canceled Monday after the U.S. abstained from a U.N. Security Council vote on a resolution demanding an immediate cease-fire in Gaza.
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Federal Court Rules Major Wyoming Oil and Gas Lease Sale Illegal for Ignoring Climate Impacts
"This is a huge victory for the protection of our public lands," said Friends of the Earth.
Mar 25, 2024
The U.S. Bureau of Land Management will have to reevaluate the wildlife and public health impacts of a major 2022 oil and gas lease sale in Wyoming after a federal judge ruled Friday that the agency had overlooked "what is widely regarded as the most pressing environmental threat facing the world today" when it moved forward with leasing 120,000 of federal land.
U.S. District Judge Christopher Cooper ruled in Washington, D.C. that the BLM did not halt the lease sale even after it acknowledged that oil and gas drilling on the federal lands could result in the same negative environmental and social impacts as the addition of hundreds of thousands of cars to U.S. roads each year.
Moving forward with one of the Biden administration's largest lease sales despite its likely environmental harm, said Cooper, was illegal under the National Environmental Policy Act and other laws.
Representing The Wilderness Society and Friends of the Earth (FOE), environmental legal group Earthjustice sued BLM over its leasing plans' potential impact on the greater sage grouse, an endangered bird species, and other wildlife, as well as groundwater impacts.
The judge found BLM did not complete a sufficiently detailed review of drilling impacts on the greater sage grouse, and relied too heavily on outdated and overly broad analyses of oil and gas drilling in Wyoming.
While the agency has been attempting to "stop the bleeding" of the greater sage grouse, whose population has declined nearly 40% since 2002, the BLM still refused to postpone leasing in a critical habitat for the bird.
The Biden administration also did not adequately explain its analysis of potential groundwater harms, said the ruling.
Despite some conservation strides by the Biden administration, The Wilderness Society's Ben Tettlebaum said the court's decision "affirms that much work remains" to be done. The BLM, he added, "must fully account for the serious impacts of its oil and gas program on groundwater, wildlife, and the climate."
Tettlebaum said the ruling also proves the agency is required to "factor into its leasing decisions the enormous costs that greenhouse gas emissions stemming from its oil and gas program impose on public land resources and on the communities that depend on them for clean air and water."
Hallie Templeton, legal director for FOE, added that the federal government "simply cannot ignore climate, wildlife, and water impacts when analyzing the myriad risks of oil and gas leasing, whether in Wyoming or across the country," as the ruling makes clear.
"We are beyond pleased with this outcome," said Templeton.
The ruling "should be another wake up call for the Bureau of Land Management to at long last address the damage caused from federal oil and gas development," said Alexandra Schluntz, senior associate attorney for Earthjustice. "It is time to make fossil fuel leasing on our public lands a thing of the past."
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Draft UN Report Finds Israel Has Met Threshold for Genocide
"Israel's genocide on the Palestinians in Gaza is an escalatory stage of a long-standing settler-colonial process of erasure."
Mar 25, 2024
The United Nations Human Rights Council on Monday published a draft report that found "reasonable grounds to believe" that Israel is committing genocide in Gaza, a move that came on the same day as the U.N. Security Council passed a resolution demanding an immediate cease-fire in the ongoing war.
The advance unedited version of the report—entitled Anatomy of a Genocide—concludes that Israel's far-right government and military "have intentionally distorted jus in bello principles, subverting their protective functions, in an attempt to legitimize genocidal violence against the Palestinian people."
"The overwhelming nature and scale of Israel's assault on Gaza and the destructive conditions of life it has inflicted reveal an intent to physically destroy Palestinians as a group," the draft report states, enumerating Israeli actions that violate Article II of the Convention on the Prevention and Punishment of the Crime of Genocide: "Killing members of the group; causing serious bodily or mental harm to group members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part."
"Israel has de facto treated an entire protected group and its life-sustaining infrastructure as 'terrorist' or 'terrorist-supporting,' thus transforming everything and everyone into either a target or collateral damage, hence killable or destroyable," the paper continues. "In this way, no Palestinian in Gaza is safe by definition. This has had devastating, intentional effects, costing the lives of tens of thousands of Palestinians, destroying the fabric of life in Gaza, and causing irreparable harm to its entire population."
Israel
rejected the report as "an obscene inversion of reality."
According to Palestinian and international humanitarian officials, Israel's 171-day Gaza onslaught has killed at least 32,333 Palestinians, most of them women and children, while wounding nearly 75,000 others and displacing around 90% of Gaza's 2.3 million people. Thousands more Palestinians are missing and believed to be dead and buried beneath the rubble of bombed buildings. Disease and deadly starvation caused and exacerbated by Israel's siege and blockade of Gaza are spreading rapidly.
"Israel's genocide on the Palestinians in Gaza is an escalatory stage of a long-standing settler-colonial process of erasure," the draft report asserts. "For over seven decades this process has suffocated the Palestinian people as a group—demographically, culturally, economically, and politically—seeking to displace it and expropriate and control its land and resources."
Referring to the flight and ethnic cleansing of more than 750,000 Arabs from Palestine during the foundation of the modern state of Israel in 1948, the paper contends that "the ongoing Nakba must be stopped and remedied once and for all. This is an imperative owed to the victims of this highly preventable tragedy, and to future generations in that land."
"The ongoing Nakba must be stopped and remedied once and for all."
The draft report urges U.N. member states to "enforce the prohibition of genocide in accordance with their... obligations" under international law. In January, the U.N.'s International Court of Justice (ICJ) found that Israel was "plausibly" perpetrating genocide in Gaza and ordered the country's government to "take all measures within its power" to prevent genocidal acts. Human rights defenders say Israel has ignored the order.
"Israel and those states that have been complicit in what can be reasonably concluded to constitute genocide must be held accountable and deliver reparations commensurate with the destruction, death, and harm inflicted on the Palestinian people," the publication argues.
The draft report recommends measures including:
- Immediate implementation of an arms embargo on Israel, as it appears to have failed to comply with the binding measures ordered by the ICJ;
- Immediate referral of the situation in Palestine to the International Criminal Court in support of its ongoing investigation;
- Ensuring that Israel, as well as states who have been complicit in the Gaza genocide, acknowledge the colossal harm done, commit to nonrepetition, with measures for prevention and full reparations, including the full cost of the reconstruction of Gaza;
- Deploying an international protective presence to constrain the violence routinely used against Palestinians in the occupied territories; and
- Ensuring that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is properly funded to enable it to meet the increased needs of Palestinians in Gaza.
Israel on Monday informed the U.N. that it will no longer allow UNRWA convoys carrying food aid into northern Gaza, even as the Palestinians are starving to death, a move that one humanitarian campaigner called a "death sentence."
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