Legal News for Weds 7/31 - $1500 to Beta Test NextGen Bar Exam, Meta $1.4b Settlement in TX, COPPA 2.0 and KOSA, Judiciary Workplace Complaints and TX Floating Barrier

Minimum Competence

This Day in Legal History: Weimar Republic Born

On July 31, 1919, the Constitution of the German Reich was signed in Weimar, Germany, marking the birth of the Weimar Republic. This constitution established a full democracy in Germany, introducing a President, Parliament, and an independent judiciary to govern the nation. It was a groundbreaking document, making Germany the first nation to grant women the right to vote, thus setting a precedent for gender equality in Europe. The Weimar Constitution aimed to create a balance of power, with the President holding significant authority, including emergency powers, while the Parliament, or Reichstag, was responsible for legislation.

The Constitution also enshrined civil liberties, including freedom of speech, press, and assembly, and sought to create a welfare state with provisions for unemployment benefits and worker protections. Despite these progressive elements, the Weimar Republic faced numerous challenges, including political extremism, economic instability, and societal divisions. These issues ultimately undermined the Republic, leading to the rise of Adolf Hitler and the Nazi Party in 1933, which brought an end to the Weimar era.

The Weimar Constitution is often studied as a significant yet flawed attempt at democracy in a turbulent period of German history, highlighting both the potential and vulnerabilities of democratic governance. This event underscores the importance of stable political and economic foundations in maintaining a democratic system.

Law school graduates typically pay over $1,000 to take the bar exam, but this fall, they have a chance to earn $1,500 by participating in a beta test for the National Conference of Bar Examiners' (NCBE) new NextGen Bar exam. This revamped exam, set to debut in July 2026, is seeking about 2,200 participants from the 46,000 taking the 2024 bar exam for an October trial run. Researchers will use the prototype to compare results with the current exam and to develop a new national score scale. The trial will also evaluate the effectiveness of individual questions and assist jurisdictions in setting their passing scores.

The NextGen Bar exam, developed in response to criticisms that the existing test doesn't reflect actual law practice, aims to be more skills-oriented and less reliant on rote memorization. It will be nine hours long, split over two days, compared to the current exam's 12 hours. The new exam will be administered on computers instead of paper. So far, 21 jurisdictions plan to adopt the new exam between July 2026 and July 2028. The prototype test will be conducted in 32 states on October 18-19 or October 25-26, with sign-ups from August 19-29, targeting graduates from both ABA-accredited and non-ABA-accredited law schools, including first-time and repeat bar takers.

Bar exam officials offer law grads $1,500 to beta test revised exam | Reuters

Meta Platforms has agreed to a $1.4 billion settlement with Texas to resolve a lawsuit accusing the company of illegally using facial-recognition technology to collect biometric data from millions of Texans without their consent. This settlement, announced on July 30, 2024, is the largest ever reached by a single state. The lawsuit, filed in 2022, was the first significant case under Texas' 2009 biometric privacy law, which allows for damages of up to $25,000 per violation. Texas claimed that Facebook, Meta's subsidiary, captured biometric data billions of times from user-uploaded photos and videos via the "Tag Suggestions" feature, which has since been discontinued.

Meta, while pleased with the settlement, continues to deny any wrongdoing and is considering future business investments in Texas, such as developing data centers. Texas Attorney General Ken Paxton praised the settlement, emphasizing the state's commitment to holding major tech companies accountable for privacy violations. This agreement was reached in May, just weeks before a trial was scheduled to begin. In a similar case, Meta paid $650 million in 2020 to settle a biometric privacy lawsuit under Illinois law. Meanwhile, Google is currently contesting a separate lawsuit in Texas over alleged violations of the state's biometric law.

Meta to Pay Record $1.4 Billion to End Texas Biometric Suit (2)

Meta to pay $1.4 billion to settle Texas facial recognition data lawsuit | Reuters

The Senate passed landmark legislation aimed at making social media platforms safer for children, marking significant congressional action to regulate the tech industry for the first time in over 25 years. In a bipartisan vote of 91-3, senators approved two bills to enhance privacy and safety for kids on platforms like Instagram, TikTok, and Snapchat. The legislation now moves to the House, where its future is uncertain due to a tight legislative schedule and concerns about potential impacts on free speech and user privacy.

The push for regulation comes amid growing public pressure to address the mental health risks posed to children by social media, including addictive algorithms and harmful content. The Biden administration, mental health advocates, and parents have been vocal in demanding action. The Senate's overwhelming support is seen as a potential catalyst for House approval.

The Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) form the legislative package. KOSA aims to create a "duty of care" for social media companies to prevent harm like suicide and eating disorders by regulating app design features. Violations would be penalized by the Federal Trade Commission. COPPA 2.0 updates a 1998 law to prevent companies from collecting personal information from teens aged 13-16 without consent and bans targeted advertising to kids.

Opponents argue that the bills could lead to online censorship, but supporters counter that the focus is on platform design, not content. Senators Rand Paul, Mike Lee, and Ron Wyden voted against the measures, citing censorship concerns. However, co-sponsor Sen. Marsha Blackburn insists the bills are about providing tools for parents and kids to protect themselves online.

House Speaker Mike Johnson has expressed interest in reaching an agreement on the proposals. Sen. Richard Blumenthal hopes the House will recognize the urgency of protecting children online and act accordingly.

Big Tech Gets Rare Rebuke in Senate With Kids’ Privacy Rules

A federal watchdog report revealed that judiciary employees filed 17 complaints against federal judges from fiscal 2020 to 2022, highlighting issues like abusive conduct, religious discrimination, and pregnancy-related harassment. The Government Accountability Office (GAO) found that some judges faced consequences, such as private reprimands or findings of creating hostile work environments. These complaints were processed under the Judicial Conduct and Disability Act. Additionally, judiciary employees filed 161 employment dispute resolution complaints, containing over 500 allegations, primarily of discrimination.

The report noted a rise in allegations from 124 in fiscal 2020 to 336 in fiscal 2022. This increase could be due to improved trust in reporting mechanisms or the return to in-person work post-pandemic. The GAO emphasized that judiciary employees' protections are similar to those for most federal employees, though some protections are more limited. The judiciary's training materials align with Equal Employment Opportunity Commission (EEOC) practices, but inconsistencies exist across circuits.

The GAO recommended that the judiciary start tracking informal reports of workplace misconduct to better understand and address the scope of the problem. Currently, this data isn't collected, potentially leading to an undercount of incidents. A national climate survey conducted last year might help evaluate policy effectiveness, though its data wasn't ready in time for the GAO report. The Administrative Office of the US Courts cooperated with the GAO study, facilitating interviews with various judiciary personnel despite some delays.

It is worth noting that, short of impeachment, there is little that can be done to truly reprimand a federal judge.

US Court Staff Filed 17 Complaints Against Judges, Watchdog Says

The Fifth Circuit Court ruled that Texas can maintain a floating river barrier on the Mexico border, marking a significant victory for Governor Greg Abbott against the Biden Administration. This decision overturns a previous preliminary injunction by a federal trial court, which had ordered Texas to cease work on the 1,000-foot barrier and move it to the riverbank. Judge Don R. Willett stated that the district court erred in its judgment, contradicting long-standing precedent.

The case is scheduled to return to the district court for trial on August 6 in Austin, Texas. The ruling also reverses an earlier Fifth Circuit panel decision that had upheld the district court's injunction. Judges Andrew S. Oldham, Priscilla Richman, and James C. Ho provided concurring opinions, with Ho partially dissenting, arguing that federal courts may lack jurisdiction since Abbott invoked the federal invasion clause in response to the immigration crisis.

During oral arguments, some conservative judges suggested that the barrier is lawful under the premise that Texas has the right to defend itself against a migrant invasion. Texas has used the invasion clause to justify other border policies that typically fall under federal jurisdiction. Other judges contended that the Rio Grande stretch with the barrier is not navigable, meaning Texas did not violate the federal Rivers and Harbors Act. The barriers have been in place since January, pending the full court's review of the panel's decision favoring Biden.

Texas Can Maintain Floating Border Barriers, Fifth Circuit Rules

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