The Common Rule doesn't create a criminal penalty--indeed, if tried to do so it would be immediately struck down on First Amendment grounds. Rather, it compels action through the threat of removing Federal funds from the IHE.
Not an IHE, not a Federal grantee, it simply does not bind. And any attempt, like Maryland's to make it do so is flatly unconstitutional.
Maryland can pass whatever law they want, but that extension is flatly unconstitutional. There's a reason the Common Rule specifies "Federal funds"--because the punishment is the civil loss of said funds.
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(untitled comment)
The Common Rule doesn't create a criminal penalty--indeed, if tried to do so it would be immediately struck down on First Amendment grounds. Rather, it compels action through the threat of removing Federal funds from the IHE.
Not an IHE, not a Federal grantee, it simply does not bind. And any attempt, like Maryland's to make it do so is flatly unconstitutional.
Re: Re: Federal Funds?
Re: Re: Federal Funds?
Techdirt has not posted any stories submitted by George Purcell.
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