Beyond the Constitution Annotated: Table of Additional Resources
| Title | Topic(s) | Constitutional Provision(s) | Date Published | |
|---|---|---|---|---|
| 1 | Section 230: An Overview | Administrative Agencies; Communications Act of 1934; Communications Decency Act of 1966; Freedom of Speech; |
First Amendment | 2021-04-07 |
| 2 | Origins and Impact of the Foreign Intelligence Surveillance Act (FISA) Provisions That Expired on March 15, 2020 | Searches and Seizures; Carpenter v. United States, No. 16-402 (U.S. June 22, 2018) |
Fourth Amendment | 2021-03-31 |
| 3 | Spending Clause Conditions and the Coronavirus State Fiscal Recovery Fund | American Recovery Plan Act; Arlington Central School District Board of Education v. Murphy, 548 U.S. 291 (2006); Bennett v. Kentucky Department of Education, 470 U.S. 656 (1985); Commandeer; Coronavirus; Federalism; Federalism; General Welfare; National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012); Pennhurst State School and Hospital v. Halderman, 451 U.S. 1 (1981); South Dakota v. Dole, 483 U.S. 203 (1987); Spending Clause |
Article I, Section 8, Clause 1; Tenth Amendment |
2021-04-02 |
| 4 | Proposals to Modify Supreme Court Justices’ Tenure: Legal Considerations | Age Limit; Good Behavior Clause; Impeachment; Judicial Tenure; Life Tenure; Separation of Powers; Stuart v. Laird, 5 U.S. (1 Cranch) 299 (1803); Supreme Court; Term Limits |
Article III, Section 1 | 2021-03-24 |
| 5 | Supreme Court to Consider Whether Patent Judges’ Appointments Are Constitutional |
Appointment and Removal Powers; Appointments Clause |
Article II, Section 2, Clause 2 | 2021-03-15 |
| 6 | Carr v. Saul: Supreme Court to Decide When Social Security Claimants Must First Raise Appointments Clause Challenges | Administrative Agencies; Appointment and Removal Powers; Appointments Clause; Carr v. Saul, 961 F.3d 1267 (10th Cir. 2020), cert. granted (U.S. Nov. 9, 2020); Freytag v. Commissioner, 501 U.S. 868 (1991); Issue Exhaustion Lucia v. SEC, No. 17–130 (U.S. June 21, 2018); Separation of Powers; Sims v. Apfel, 530 U.S. 103 (2000); Social Security |
Article II, Section 2, Clause 2 | 2021-03-12 |
| 7 | The Application of Internal Revenue Code Section 280E to Marijuana Businesses: Selected Legal Issues | Alpenglow Botanicals, LLC v. United States, 894 F.3d 1187 (10th Cir. 2018); Cannabis; Controlled Substances; Cost of Goods Sold; Credit; Deduction; Excessive Fine; Gross Receipts; Income; Marihuana; Marijuana; Northern California Small Business Assistants, Inc. v. Commissioner, 153 T.C. 65 (2019); Taxation |
Eighth Amendment; Sixteenth Amendment |
2021-03-10 |
| 8 | The Insurrection Bar to Office: Section 3 of the Fourteenth Amendment | Disqualification; Insurrection |
Fourteenth Amendment, Section 3 | 2021-01-29 |
| 9 | The Impeachment and Trial of a Former President | Impeachment | Article I, Section 3; Article II, Section 4 |
2021-01-15 |
| 10 | Two Supreme Court Cases to Test Limits on Foreign Sovereign Immunity for Holocaust Harms | Abstain; Abstention; Comity; Courts and Tribunals; Expropriation; Federal Republic of Germany v. Philipp, Nos. 17-7064, 17-7117 (D.C. Cir. July 10, 2018); Foreign Governments; Foreign Sovereign Immunity; Holocaust; International Law / Law of Nations; Judicial Powers; Republic of Hungary v. Simon, No. 17-7146 (D.C. Cir. Dec. 28, 2018); Separation of Powers; Sovereign Immunity; Supreme Court. |
Article III, Section 2 | 2020-12-16 |
| 11 | U.S. Customs and Border Protection’s Powers and Limitations: A Brief Primer | Almeida-Sanchez v. United States, 413 U.S. 266 (1973); Arrest; Border Patrol; Border; Checkpoint; Commerce; Customs and Border Protection; Customs; Detention; Florida v. Bostick, 501 U.S. 429 (1991); Florida v. Royer, 460 U.S. 491 (1983); Immigration and Naturalization; INS v. Delgado, 466 U.S. 210 (1984); Inspections; Muehler v. Mena, 544 U.S. 93 (2005); Probable Cause; Reasonable Suspicion; Roving Patrol; Searches and Seizures; Searches; Seizures; United States v. Brignoni-Ponce, 422 U.S. 873 (1975); United States v. Drayton, 536 U.S. 194 (2002); United States v. Flores-Montano, 541 U.S. 149 (2004); United States v. Martinez-Fuerte, 428 U.S. 543 (1976); United States v. Montoya de Hernandez, 473 U.S. 531 (1985); United States v. Ortiz, 422 U.S. 891 (1975); United States v. Ramsey, 431 U.S. 606 (1977); United States v. Villamonte-Marquez, 462 U.S. 579 (1983); Warrant. |
Fourth Amendment | 2020-12-09 |
| 12 | Supreme Court Considers Statute of Limitations for Military Rape Cases | Ashwander v. Tenn. Valley Auth., 297 U.S. 288 (1936); Coker v. Georgia, 433 U.S. 584 (1977); Criminal Procedure; Cruel and Unusual Punishment; Military Justice; Military; Rape; Statute of Limitations; Stogner v. California, 539 U.S. 607 (2003); UCMJ; Uniform Code of Military Justice; United States v. Briggs, 78 M.J. 289 (C.A.A.F. 2019); United States v. Briggs, 140 S. Ct. 519 (2019); United States v. Collins, 78 M.J. 530 (A.F. Ct. Crim. App. 2018); United States v. Daniels, No. ACM 39407, 2019 WL 2560041 (A.F. Ct. Crim. App. June 18, 2019); United States v. Davis, 139 S. Ct. 2319 (2019); United States v. Mangahas, 77 M.J. 220 (C.A.A.F. 2018); United States v. Matthews, 16 M.J. 354 (C.M.A. 1983); Vartelas v. Holder, 566 U.S. 257 (2012); Willenbring v. Neurauter, 48 M.J. 152 (C.A.A.F. 1998). |
Article I, Section 10, Clause 1; Eighth Amendment |
2020-12-04 |
| 13 | Torres v. Madrid: Police Use of Force, Fourth Amendment Seizures, and Fleeing Suspects? | Arrest; Brendlin v. California, 551 U.S. 249 (2007); Brooks v. Gaenzle, 614 F.3d 1213 (10th Cir. 2010); Brower v. Cty. of Inyo, 489 U.S. 593 (1989); California v. Hodari D., 499 U.S. 621 (1991); Carr v. Tatangelo, 338 F.3d 1259 (11th Cir. 2003); City of Boerne v. Flores, 521 U.S. 507 (1997); County of Sacramento v. Lewis, 523 U.S. 833 (1998); Criminal Procedure; Dickerson v. United States, 530 U.S. 428 (2000); Henson v. United States, 55 A.3d 859 (D.C. 2012); Ludwig v. Anderson, 54 F.3d 465 (8th Cir. 1995); Nelson v. City of Davis, 685 F.3d 867 (9th Cir. 2012); Police Shooting; Police Use of Force; Search and Seizure; Searches and Seizures; Shooting; Torres v. Madrid, 769 F. Appx 654 (10th Cir.); Torres v. Madrid, No. 19-292 (U.S. Mar. 25, 2021); Unsuccessful Seizure; Unsuccessful Use of Force |
Fourth Amendment; Fourteenth Amendment, Section 1 |
2020-11-12 |
| 14 | Supreme Court Considers Overruling Free Exercise Precedent in Fulton v. Philadelphia | Discrimination; Employment Division v. Smith, 485 U.S. 660 (1988); Free Exercise Clause; Freedom of Religion; Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n, 138 S. Ct. 1719 (2018); Supreme Court. |
First Amendment | 2020-11-09 |
| 15 | Federal Regulation of Alien Employment and Preemption Over State Laws | Arizona v. United States, 567 U.S. 387 (2012); Chamber of Commerce v. Whiting, 563 U.S. 582 (2011); De Canas v. Bica, 96 S. Ct. 933 (1976); Employment; Immigration and Naturalization; Immigration; Kansas v. Garcia, 140 S. Ct. 791 (2020); Preemption; Supremacy Clause; Unauthorized alien. |
Article VI, Clause 2 | 2020-11-04 |
| 16 | California v. Texas: The Fate of the Affordable Care Act | ACA; Barr v. Am. Ass’n of Political Consultants, Inc., 140 S. Ct. 2335 (2020); Commerce; Individual Mandate; Murphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461 (2018); Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012); Seila Law, LLC v. CFPB, 140 S. Ct. 2183 (2020); Severability; Taxation. |
Article I, Section 8, Clause 1; Article I, Section 8, Clause 3 |
2020-10-27 |
| 17 | Is Mandatory Detention of Unlawful Entrants Seeking Asylum Constitutional? | Asylum; Bond; Border; Department of Homeland Security v. Thuraissigiam, 140 S. Ct 1959 (2020); Detention; Due Process; Due Process; Expedited Removal; Immigration and Naturalization; Jennings v. Rodriguez, 138 S. Ct. 830 (2018); Padilla v. Immigration and Customs Enforcement, 379 F. Supp. 3d 1170 (W.D. Wash. 2019) Padilla v. Immigration and Customs Enforcement, 953 F.3d 1134 (9th Cir. 2020); Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206 (1953). |
Fifth Amendment | 2020-10-20 |
| 18 | Fetal Viability and Judge Amy Coney Barrett | Abortion; Amy Barrett; Jackson Women’s Health Organization v. Dobbs, 945 F.3d 265 (5th Cir. 2019); June Medical Services v. Russo, 140 S. Ct. 2103 (2020); McCormack v. Herzog, 788 F.3d 1017 (9th Cir. 2015); Planned Parenthood of Indiana and Kentucky v. Box, 949 F.3d 997 (7th Cir. 2019); Planned Parenthood of Indiana and Kentucky v. Commissioner of the Indiana State Department of Health, 888 F.3d 300 (7th Cir. 2018); Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992); Roe v. Wade, 410 U.S. 113 (1973). |
Fourteenth Amendment | 2020-10-16 |
| 19 | President Trump Nominates Judge Amy Coney Barrett: Initial Observations | Amy Barrett; Amy Coney Barrett; Employment Division v. Smith, 485 U.S. 660 (1988); Fulton v. City of Philadelphia, No. 19-123 (U.S. Feb. 24, 2020); Judge Barrett; Justice Ginsburg; Roe v. Wade, 410 U.S. 113 (1973); Ruth Bader Ginsburg; SCOTUS Nominee; Supreme Court Appointment Supreme Court Nomination; Supreme Court Nominee; Supreme Court Vacancy; Vacancies and Succession |
Second Amendment; Fourth Amendment; Fourteenth Amendment |
2020-09-28 |
| 20 | The Death of Justice Ruth Bader Ginsburg: Procedural Issues on an Eight-Justice Court | Courts and Tribunals; Justice Ruth Bader Ginsburg; McGirt v. Oklahoma, 140 S. Ct. 2452 (2020); Supreme Court Justices; Supreme Court Procedures; Supreme Court Quorum; Supreme Court Vacancies; Supreme Court; Vacancies and Succession |
Article II, Section 2, Clause 2; Article III, Section 1 |
2020-09-28 |
| 21 | The Death of Justice Ruth Bader Ginsburg: Initial Considerations for Congress | Supreme Court; Vacancy |
2020-09-21 | |
| 22 | Court Invalidates Louisiana Admitting Privileges Law | Abortion; June Medical Services v. Russo, No. 18–1323 (U.S. June 29, 2020); Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992); Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016) |
Article III; Fourteenth Amendment |
2020-07-13 |
| 23 | Supreme Court Clarifies Rules for Electoral College: States May Restrict Faithless Electors | Chiafalo v. Washington, 140 S. Ct. 1241 (2020); Colorado Department of State v. Baca, No. 19-465 (U.S. July 6, 2020); Elections and Voting Rights; Electoral College; Faithless Electors; Ray v. Blair, 343 U.S. 214 (1952); Supreme Court |
Article II, Section 1, Clause 2; Tenth Amendment; Twelfth Amendment |
2020-07-10 |
| 24 | Supreme Court Rules CFPB Structure Unconstitutional: Implications for Congress | Appointment and Removal Powers; Consumer Financial Protection Bureau; Executive Powers; Humphrey’s Executor v. United States, 295 U.S. 602 (1935); Independent Agencies; Morrison v. Olson, 487 U.S. 654 (1988); Seila Law v. Consumer Financial Protection Bureau, No. 19-9 (U.S. June 29, 2020); Separation of Powers; Supreme Court; Vesting Clause |
Article II, Section 1 | 2020-06-30 |
| 25 | Congress’s Power Over Appropriations: A Primer | Antideficiency Act; Anti-deficiency Act; Appropriations; Appropriations Clause; General Welfare; Impoundment Control Act; Impoundment; Judicial Compensation Clause; Miscellaneous Receipts Act; Presidential Compensation Clause; Separation of Powers; South Dakota v. Dole, 483 U.S. 203 (1987); Spending; Treasury; United States v. Klein, 80 U.S. 128 (1872); United States v. Lovett, 328 U.S. 303 (1946) |
Article I, Section 9, Clause 7; Article II, Section 1, Clause 7; Article III, Section 1 |
2020-06-16 |
| 26 | Congress’s Power Over Appropriations: Constitutional and Statutory Provisions | Antideficiency Act; Anti-deficiency Act; Appropriations; Appropriations Clause; Army Clause; Beer v. United States, 696 F.3d 1174 (Fed. Cir. 2012); City of New Haven v. United States, 809 F.2d 900 (D.C. Cir. 1987); Executive Powers; General Welfare; Hart v. United States, 118 U.S. 62 (1886); INS v. Chadha, 462 U.S. 919 (1983); Impoundment Control Act; Impoundment; Judicial Compensation Clause; Kendall v. United States, 337 U.S. 524 (1838); Knote v. United States, 95 U.S. 149 (1877); Legislative Powers; Lincoln v. Vigil, 508 U.S. 182 (1993); Maine Cmty. Health Options v. United States, 140 S. Ct. 1308 (2020); Miscellaneous Receipts Act; Office of Personnel Management v. Richmond, 496 U.S. 414 (1990); Pardon Power; Presidential Compensation Clause; Reeside v. Walker, 52 U.S. 272 (1850); Reprogramming; Rider; Separation of Powers; Spending; Takings Clause; Train v. City of New York, 420 U.S. 35 (1975); Transfer; Treasury; United States v. Klein, 80 U.S. 128 (1872); United States v. Osborn, 91 U.S. 474 (1875); United States v. Will, 449 U.S. 200 (1980); Walker v. Cheney, 230 F. Supp. 2d 51 (D.D.C. 2002) |
Article I, Section 8, Clause 12; Article I, Section 9, Clause 7; Article II, Section 1, Clause 7; Article II, Section 2; Article III, Section 1; Fifth Amendment |
2020-06-16 |
| 27 | Reforming Patterns of Unconstitutional Policing: Enforcement of 34 U.S.C. § 12601 | Consent Decree; Department of Justice; Discrimination; Due Process; Equal Protection; Federalism; Judicial Powers; Justice; Pattern or Practice; Police; Policing; Search; Seizure; Searches and Seizures |
Fourth Amendment; Fourteenth Amendment |
2020-06-15 |
| 28 | Federal Police Oversight: Criminal Civil Rights Violations Under 18 U.S.C. § 242 | Civil Rights; Criminal Procedure; Discrimination; Due Process; Equal Protection; Federalism; Law Enforcement Reform; Legislative Powers; Police Reform; Screws v. United States, 325 US 91 (1945); Searches and Seizures; Section 242; Section 5; Separation of Powers; United States v. Price, 383 U.S. 787 (1966) |
Fourth Amendment; Fifth Amendment; Fourteenth Amendment |
2020-06-15 |
| 29 | Policing the Police: Qualified Immunity and Considerations for Congress | 14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (2009); 42 U.S.C. § 1983; Anderson v. Creighton, 483 U.S. 635 (1987) Ashcroft v. Al-Kidd, 563 U.S. 731 (2011); Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971); City of Escondido, Cal. v. Emmons, 139 S. Ct. 500 (2019); Civil Rights; District of Columbia v. Wesby, 138 S. Ct. 577 (2018); Graham v. Connor, 490 U.S. 386 (1989); Harlow v. Fitzgerald, 457 U.S. 800 (1982); Kimble v. Marvel Entertainment, LLC, 576 U.S. 446 (2015); Kisela v. Hughes, 138 S. Ct. 1148 (2018); Malley v. Briggs, 475 U.S. 335 (1986); Monell v. New York City Dept. of Social Servs., 436 U.S. 658 (1978); Pearson v. Callahan, 555 U.S. 223 (2009); Pierson v. Ray, 386 U.S. 547 (1967); Police; Quality Immunity; Richardson v. McKnight, 521 U.S. 399 (1997); Scheuer v. Rhodes, 416 U.S. 232 (1974); Supreme Court; White v. Pauly, 137 S. Ct. 548 (2017); Ziglar v. Abbasi, 137 S. Ct. 1843 (2017) |
Fourth Amendment; Fourteenth Amendment |
2020-06-10 |
| 30 | Congress and Police Reform: Current Law and Recent Proposals | Congressional Power; Criminal Procedure; Discrimination; Due Process; Enumerated Powers; Equal Protection; Federalism; Law Enforcement Reform; Legislative Powers; Police Reform; Section 1983; Section 242; Section 5; Screws v. United States, 325 US 91 (1945); Separation of Powers; Spending Clause; United States v. Guest, 383 US 745 (1966) |
Tenth Amendment; Fourteenth Amendment |
2020-06-09 |
| 31 | Expanding the Selective Service: Legal Issues Surrounding Women and the Draft | Draft; Due Process Clause; Due Process; Elgin v. Dep’t of the Treasury, 567 U.S. 1 (2012); Elgin v. U.S. Dep’t of the Treasury, 641 F.3d 6 (1st Cir. 2011); Elgin v. United States, 594 F. Supp. 2d 133 (D. Mass. 2009); Equal Protection; Kyle-Labell v. Selective Serv. Sys., 364 F. Supp. 3d 394 (D.N.J. 2019); Military; Nat’l Coal. for Men v. Selective Serv. Sys., 355 F. Supp. 3d 568 (S.D. Tex. 2019); Nat’l Coal. For Men v. Selective Serv. Sys., 969 F.3d 546 (5th Cir. 2020); Rostker v. Goldberg, 453 U.S. 57 (1981); Schwartz v. Brodsky, 265 F. Supp. 2d 130 (D. Mass. 2003) |
Fifth Amendment | 2020-06-08 |
| 32 | Congress and Law Enforcement Reform: Constitutional Authority | Allen v. Cooper, 140 S. Ct. 994 (2020); Bond v. United States, 572 U.S. 844 (2014); City of Boerne v. Flores, 521 U.S. 507 (1997); Coley v. Lucas County, Ohio, 799 F.3d 530 (6th Cir. 2015); Congressional Authority; Excessive Force; Federalism; Graham v. Connor, 490 U.S. 386 (1989); Gregory v. Ashcroft, 501 U.S. 452 (1991); Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968); Monroe v. Pape, 365 U.S. 167 (1961); Murphy v. National Collegiate Athletic Ass’n, 138 S. Ct. 1461 (2018); National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012); New York v. United States, 505 U.S. 144 (1992); Northwest Austin Municipal Utility District Number One v. Holder, 557 U.S. 193 (2009); Oregon v. Mitchell, 400 U.S. 112 (1970); Police Reform; Rodriguez v. United States, 575 U.S. 348 (2015); Screws v. United States, 325 U.S. 91 (1945); South Dakota v. Dole, 482 U.S. 203 (1987); Spending Power; Tennessee v. Garner, 471 U.S. 1, (1985); Terry v. Ohio, 392 U.S. 1 (1968); Timbs v. Indiana, 139 S. Ct. 682 (2019); United States v. Lopez, 514 U.S. 549 (1995); United States v. Watson, 423 U.S. 411 (1976); Williams v. City of Cleveland, Miss., 736 F.3d 684 (5th Cir. 2013) |
Article I, Section 8, Clause 1; Fourth Amendment; Tenth Amendment; Thirteenth Amendment; Fifteenth Amendment; Fourteenth Amendment, Section 5 |
2020-06-04 |
| 33 | The Future of the Second Amendment: New York State Rifle & Pistol Association at the Supreme Court | Arms; Caetano v. Massachusetts, 136 S. Ct. 1027 (2016); District of Columbia v. Heller, 554 U.S. 570 (2008); Firearms; Gun; Handgun; Heller; Heller v. District of Columbia, 670 F.3d 1244 (D.C. Cir. 2011); Keep and bear; Kolbe v. Hogan, 849 F.3d 114 (4th Cir. 2017); McDonald v. City of Chicago, 561 U.S. 742 (2010); New York State Rifle & Pistol Association v. City of New York, 883 F.3d 45 (2d Cir. 2018); Pistol; Powell v. Tompkins, 783 F.3d 332 (1st Cir. 2015); Rifle; Self-defense; Wrenn v. District of Columbia, 864 F.3d 650 (D.C. Cir. 2017) |
Second Amendment | 2020-05-15 |
| 34 | Federal Authority to Lift or Modify State and Local COVID-19 “Stay-at-Home” Orders: Frequently Asked Questions | Commerce Clause; Coronavirus; COVID-19; Executive Powers; Federalism; Implied or Inherent Powers; Legislative Powers; Preemption; Presidential Power; Quarantine; Separation of Powers; Spending Power |
Article II | 2020-05-15 |
| 35 | Election 2020 and the COVID-19 Pandemic: Legal Issues in Absentee and All-Mail Voting | Absentee Voting; Coronavirus; COVID-19; Elections and Voting Rights; Purcell v. Gonzalez, 549 U.S. 1 (2006); Republican Nat'l Comm. v. Democratic Nat'l Comm., 140 S. Ct. 1205 (2020); Supreme Court; Vote-By-Mail |
Article I, Section 4; First Amendment; Fourteenth Amendment; Twenty-Fourth Amendment; Twenty-Sixth Amendment |
2020-05-15 |
| 36 | “Faithless Elector” Challenge Goes to Supreme Court | Chiafalo v. Washington, 140 S. Ct. 1241 (2020); Colorado Department of State v. Baca, No. 19-465 (U.S. July 6, 2020); Elections and Voting Rights; Electoral College; Faithless Electors; Federalism; McPherson v. Blacker, 146 U.S. 1 (1892); Myers v. U.S., 252 U.S. 52 (1926); Presidential Election; Ray v. Blair, 343 U.S. 214 (1952); Supreme Court |
Article II, Section 1, Clause 2; Twelfth Amendment |
2020-05-12 |
| 37 | Federal Legislation Shielding Businesses and Individuals from Tort Liability: A Legal and Historical Overview | Commerce; Commerce Clause; Coronavirus; COVID-19; Federalism; Preemption; Supremacy Clause; United States v. Lopez, 514 U.S. 549 (1995) |
Article I, Section 8, Clause 3; Article VI, Clause 2 |
2020-05-08 |
| 38 | Our Lady of Guadalupe and the Ministerial Exception to Antidiscrimination Laws | Biel v. St. James School, 911 F.3d 603 (9th Cir. 2018); Establishment Clause; Free Exercise Clause; Freedom of Religion Hosanna-Tabor Evangelical Lutheran Church v. Equal Employment Opportunity Commission, 132 S. Ct. 694 (2012); Ministerial Exception; Morrissey-Berru v. Our Lady of Guadalupe School, No. 2:16-cv-09353-SVW-AFM (9th Cir. Apr. 30, 2019); Supreme Court |
First Amendment | 2020-04-30 |
| 39 | COVID-19, Digital Surveillance, and Privacy: Fourth Amendment Considerations | Coronavirus; COVID-19; Criminal Procedure; Camara v. Municipal Court, 387 U.S. 523 (1967); Carpenter v. United States, 138 S. Ct. 2206 (2018); Griffin v. Wisconsin, 483 U.S. 868 (1987); Location Data; Privacy; Probable Cause; Searches and Seizures; Smith v. Maryland, 442 U.S. 735 (1979); Special Needs; Surveillance; Third-Party Doctrine; United States v. Miller, 425 U.S. 435 (1976); Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646 (1995); Warrant |
Fourth Amendment | 2020-04-16 |
| 40 | Banning Religious Assemblies to Stop the Spread of COVID-19 | Coronavirus; COVID-19; Employment Division v. Smith, 494 U.S. 872 (1990); Fowler v. Rhode Island, 345 U.S. 67 (1953); Free Exercise Clause; Freedom of Religion; Jacobson v. Massachusetts, 197 U.S. 11 (1905) |
First Amendment | 2020-04-16 |
| 41 | Freedom of Association in the Wake of Coronavirus | Associate; Assemble; Assembly; Binford v. Sununu, No. 217-2020-CV-00152 (N.H. Super. Ct. 2020); Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288 (1984); Coronavirus; COVID-19; Emergency Measures; Freedom of Speech; Friends of Devito v. Wolf, No. 68 MM 2020, 2020 Pa. LEXIS 1987 (Pa. Apr. 13, 2020); Gather; Home Bldg. & Loan Asso. v. Blaisdell, 290 U.S. 398 (1934); Lawton v. Steele, 152 U.S. 133 (1894); Lockdown; Menotti v. City of Seattle, 409 F.3d 1113 (9th Cir. 2005); NAACP v. Ala. ex rel. Patterson, 357 U.S. 449 (1958); Police Power; Quarantine; Reed v. Town of Gilbert, 135 S. Ct. 2218, 2224 (2015); Roberts v. United States Jaycees, 468 U.S. 609 (1984); Smith v. Avino, 91 F.3d 105, 109 (11th Cir. 1996); Stay-at-Home or Stay at Home; United States v. Chalk, 441 F.2d 1277 (4th Cir. 1971); United States v. O'Brien, 391 U.S. 367 (1968); United States v. Robel, 389 U.S. 258 (1967) |
First Amendment; Fourteenth Amendment |
2020-04-16 |
| 42 | Constitutional Considerations of Remote Voting in Congress | Elections and Voting Rights; House of Representatives; House and Senate Rulemaking Power; Legislative Process; Senate; Quorum; United States v. Ballin, 144 U.S. 1 (1892) |
Article I, Section 5 | 2020-04-14 |
| 43 | Eligibility of Religious Organizations for the CARES Act's Paycheck Protection Program | Administrative Agencies; CARES Act; Establishment Clause; Free Exercise Clause Freedom of Religion; Locke v. Davey, 540 U.S. 712 (2004); Trinity Lutheran Church of Columbia v. Comer, 137 S. Ct. 2012 (2017) |
First Amendment | 2020-04-09 |
| 44 | COVID-19 Response: Constitutional Protections for Private Property | Arkansas Game and Fish Commission v. United States, 568 U.S. 23 (2012); Commerce Clause; Connolly v. Pension Benefit Guaranty Corp., 475 U.S. 211 (1986); Coronavirus; COVID-19; General Welfare Clause; Horne v. Department of Agriculture, 135 S. Ct. 2419 (2015); Just Compensation; Keystone Bituminous Coal v. DeBenedictis, 480 U.S. 470 (1987); Knick v. Township of Scott, 139 S. Ct. 2162 (2019); Lingle v. Chevron, U.S.A. Inc., 544 U.S. 528 (2005); Lucas v. South Carolina Coastal Council, 506 U.S. 1003 (1992); Mitchell v. Harmony, 52 U.S. 115 (1851); Murr v. Wisconsin, 136 S. Ct. 890 (2016); Necessary and Proper Clause; Ruckelshaus v. Monsanto Co., 467 U.S. 986 (1984); Supreme Court; Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002); Takings and Eminent Domain; Takings Clause; Private Property; United States v. Caltex, Inc., 344 U.S. 149 (1952); United States v. Central Eureka Mining, Co., 352 U.S. 964 (1957); United States v. Russell, 80 U.S. 623 (1871); War; Yee v. City of Escondido, 503 U.S. 519 (1992) |
Article I, Section 8, Clause 1; Article I, Section 8, Clause 3; Article I, Section 8, Clause 18 |
2020-03-27 |
| 45 | Full D.C. Circuit to Consider Whether Committees Can Enforce Congressional Subpoenas in Court | Amending the Constitution; Committee on the Judiciary of the House of Representatives v. McGahn, No. 19-5331, 2020 WL 1125837 (D.C. Cir. Feb. 28, 2020); Courts and Tribunals; Judicial Powers; Justiciability; Separation of Powers; Standing; Subpoena |
Article III, Section 2 | 2020-03-25 |
| 46 | COVID-19: Current Travel Restrictions and Quarantine Measures | Addington v. Texas, 441 U.S. 418 (1979); Commerce; Coronavirus; COVID-19; County of Sacramento v. Lewis, 523 U.S. 833 (1998); Due Process; Federalism; Foucha v. Lousiana, 504 U.S. 71 (1992); Hickox v. Christie, 205 F. Supp. 3d 579 (D.N.J. 2016); Immigration and Naturalization; Mathews v. Eldridge, 424 U.S. 319 (1976); Pandemic; Parratt v. Taylor, 451 U.S. 527 (1981); Quarantine; Zinermon v. Burch, 494 U.S. 113 (1990) |
Fifth Amendment | 2020-03-12 |
| 47 | Catch Me If You Scan: Constitutionality of Compelled Decryption Divides the Courts | Act of Production; Biometric; Commonwealth v. Davis, 220 A.3d 534 (Pa. 2019); Criminal Procedure; Decrypt; Fingerprint; Fisher v. United States, 425 U.S. 391 (1976); Foregone Conclusion; In re Grand Jury Subpoena Duces Tecum Dated March 25, 2011, 670 F.3d 1335 (11th Cir. 2012); Incrimination; Matter of Search Warrant Application for [redacted text], 279 F. Supp. 3d 800 (N.D. Ill. 2017); Password; Self-Incrimination; Self-Incrimination Clause; State v. Johnson, 576 S.W.3d 205 (Mo. Ct. App. 2019); G.A.Q.L. v. State, 257 So. 3d 1058 (Fla. Dist. Ct. App. 2018); United States v. Apple MacPro Computer, 851 F.3d 238 (3d Cir. 2017); United States v. Warrant, No. 19-71283 (N.D. Cal. Aug. 26, 2019) |
Fifth Amendment | 2020-03-06 |
| 48 | Obtaining Witnesses in an Impeachment Trial: Compulsion, Executive Privilege, and the Courts | Executive Privilege; Impeachment; Impeachment Trial; Justiciability; Legislative Powers; Legislative Process; Nixon v. United States, 506 U.S. 224 (1993); Senate; Separation of Powers; Subpoena |
Article I, Section 3, Clause 6 | 2020-01-21 |
| 49 | Espinoza v. Montana and the Refusal to Provide Public Funds to Religious Schools | Espinoza v. Montana Dep’t of Revenue, 435 P.3d 603 (Mont. 2018); Establishment Clause; Federalism; Free Exercise Clause; Freedom of Religion; Locke v. Davey, 540 U.S. 712 (2004); Supreme Court; Trinity Lutheran Church of Columbia v. Comer, 137 S. Ct. 2012 (2017) |
First Amendment | 2020-01-21 |
| 50 | Presidential Pardons: Overview and Selected Legal Issues | Amnesty; Burdick v. United States, 236 U.S. 79 (1915); Carlesi v. New York, 233 U.S. 51 (1914); Carlisle v. United States, 83 U.S. 147 (1872); Clemency; Commutation; Ex parte Garland, 71 U.S. 333 (1866); Ex parte Grossman, 267 U.S. 87 (1925); Executive Powers; Hoffa v. Saxbe, 378 F. Supp. 1221 (D.D.C. 1974); Judicial Powers; Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108 (D.C. Cir. 2004); Legislative Powers; Pardon; Pardon Power; Remission; Reprieve; Separation of Powers; Schick v. Reed, 419 U.S. 256 (1974) |
Article II, Section 2 | 2020-01-14 |
| 51 | Appeals Court Says First Amendment Limits Regulation of Online Political Advertising: Implications for Congress | Campaign Finance; Citizens United v. Federal Election Commission, 558 U.S. 310 (2010); Disclosure; Elections and Voting Rights; Freedom of Press; Freedom of Speech; Free Speech; Online Political Advertising |
First Amendment | 2020-01-10 |
| 52 | Recent U.S. Airstrikes: Legal Authorities and Questions | Authorization for Use of Military Force; Assassination; Commander-In-Chief; International Law / Law of Nations; Self-Defense; Separation of Powers; United Nations Charter / U.N. Charter; War; War Powers |
Article I, Section 8, Clause 11; Article II, Section 2, Clause 1 |
2020-01-08 |
| 53 | Fifth Circuit Holds the Individual Mandate Unconstitutional: Implications for Congress | Affordable Care Act; Commerce; Courts and Tribunals; Federalism; General Welfare Clause; Individual Mandate; Legislative Powers; Nat’l Fed. Indep. Bus. v. Sebelius, 567 U.S. 519 (2012); Necessary and Proper Clause Taxation; Texas v. United States, 945 F.3d 355 (2019) |
Article I, Section 8, Clause 1; Article I, Section 8, Clause 3; Article I, Section 8, Clause 18 |
2019-12-23 |
| 54 | Do Warrantless Searches of Electronic Devices at the Border Violate the Fourth Amendment? | Alasaad v. Nielsen, No. 1:17-cv-11730-DJC (Nov. 12, 2019 D. Mass.); Border Searches; Cell Phones; Computers; Contraband; Electronic Devices; Forensic Searches; Probable Cause; Reasonable suspicion; Riley v. California, 573 U.S. 373 (2014); Searches and Seizures; United States v. Flores-Montano, 541 U.S. 149 (2004); United States v. Montoya De Hernandez, 473 U.S. 531 (1985); Warrant |
Fourth Amendment | 2019-12-20 |
| 55 | Resources about Impeachment | Andrew Johnson; Bill Clinton; Bribery; High Crimes and Misdemeanors; Impeachment; Political Crime; Removal; Richard Nixon |
Article I, Section 2, Clause 5; Article I, Section 3, Clause 6; Article I, Section 3, Clause 7; Article II, Section 2, Clause 1; Article II, Section 4 |
2019-12-05 |
| 56 | The CASE Act of 2019: Establishing a Small-Claims Process for Copyright Disputes | Administrative Agencies; Agency Adjudication; Appointment and Removal Powers; Appointments Clause; Commodity Futures Trading Comm’n v. Schor, 478 U.S. 833 (1986); Copyright; Due Process; Due Process Clause; Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998); Intellectual Property; Jury / Juries; Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985)΄΄ Public Rights Doctrine; Lucia v. SEC, 138 S. Ct. 2044 (2018); Oil States Energy Servs., LLC v. Greene's Energy Grp., LLC, 138 S. Ct. 1365 (2018); Separation of Powers; Wellness Int'l Network, Ltd. v. Sharif, 575 U.S. 665 (2015) |
Article III; Seventh Amendment |
2019-11-27 |
| 57 | Impeachment and the Constitution | Andrew Johnson; Bill Clinton; Bribery; High Crimes and Misdemeanors; Impeachment; Political Crime; Removal; Richard Nixon |
Article I, Section 2, Clause 5; Article I, Section 3, Clause 6; Article I, Section 3, Clause 7; Article II, Section 2, Clause 1; Article II, Section 4 |
2019-11-20 |
| 58 | The Emoluments Clauses and the Presidency: Background and Recent Developments | Anything of Value; Blind Trust; Blumenthal v. Trump, 335 F. Supp. 3d 45 (D.D.C. 2018); Blumenthal v. Trump, 373 F. Supp. 3d 191 (D.D.C. 2019); Blumenthal v. Trump, 382 F. Supp. 3d 77 (D.D.C. 2019); Citizens for Responsibility & Ethics in Wash. v. Trump, 939 F.3d 131 (2d Cir. 2019); Citizens for Responsibility & Ethics in Washington v. Trump, 276 F. Supp. 3d 174 (S.D.N.Y. 2017); Conflict of Interest; Decoration; District of Columbia v. Trump, 291 F. Supp. 3d 725 (D. Md. 2018); District of Columbia v. Trump, 315 F. Supp. 3d 875 (D. Md. 2018); Divest; Gifts; Emoluments; Impeachment; In re Trump, 928 F.3d 360 (4th Cir. 2019); Standing |
Article I | 2019-11-05 |
| 59 | Congressional Access to Information in an Impeachment Investigation | Andrew Johnson; Bill Clinton; Bribery; High Crimes and Misdemeanors; Impeachment; Political Crime; Removal; Richard Nixon |
Article I, Section 2, Clause 5; Article I, Section 3, Clause 6; Article I, Section 3, Clause 7; Article II, Section 2, Clause 1; Article II, Section 4 |
2019-10-25 |
| 60 | Piracy, Old and New: Copyright, State Sovereignty, and the Queen Anne's Revenge | Congressional Power; Copyright; Federalism; Intellectual Property; Intellectual Property Clause; Legislative Powers; State Sovereign Immunity |
Article I, Section 8, Clause 8; Eleventh Amendment; Fourteenth Amendment, Section 5 |
2019-10-23 |
| 61 | Drug Testing Unemployment Compensation Applicants & the Fourth Amendment | Chandler v. Miller Employers, 520 U.S. 305 (1997); Drug Tests; National Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989); Privacy; Searches and Seizures; Skinner v. Railway Labor Executives Association, 489 U.S. 602 (1989); Unemployment Compensation |
Article II; Fourth Amendment; |
2019-10-17 |
| 62 | Impeachment Investigations: Law and Process | Andrew Johnson; Bill Clinton; Bribery; High Crimes and Misdemeanors; Impeachment; Political Crime; Removal; Richard Nixon |
Article I, Section 2, Clause 5; Article I, Section 3, Clause 6; Article I, Section 3, Clause 7; Article II, Section 2, Clause 1; Article II, Section 4 |
2019-10-02 |
| 63 | The Emoluments Clauses of the U.S. Constitution | Emoluments | Article I; Article II |
2019-09-24 |
| 64 | Supreme Court October Term 2018: A Review of Selected Major Rulings | Supreme Court | 2019-08-23 | |
| 65 | Sidewalks, Streets, and Tweets: Is Twitter a Public Forum? | Freedom of Speech; Supreme Court |
First Amendment | 2019-07-09 |
| 66 | Drug Price Disclosures and the First Amendment | Freedom of Speech | First Amendment | 2019-07-09 |
| 67 | Federal Court Temporarily Blocks a Portion of the Administration’s Border Wall Funding | Federal Court Temporarily Blocks a Portion of the Administration’s Border Wall Funding | 2019-07-05 | |
| 68 | The Supreme Court Temporarily Blocks Citizenship Question on the 2020 Census | The Supreme Court Temporarily Blocks Citizenship Question on the 2020 Census | 2019-07-05 | |
| 69 | Partisan Gerrymandering Claims Not Subject to Federal Court Review: Considerations Going Forward | Elections and Voting Rights; Supreme Court |
Article I; First Amendment; Fourteenth Amendment |
2019-07-05 |
| 70 | Kisor v. Wilkie: Supreme Court Upholds the Auer Doctrine but Clarifies Its Limitations | Administrative Agencies; Separation of Powers; Supreme Court |
Article I; Article II; Article III |
2019-07-03 |
| 71 | Congressional Access to the President’s Federal Tax Returns | Legislative Powers; Taxation |
Article I | 2019-07-02 |
| 72 | What You Don’t Know Can’t Hurt You: Supreme Court to Address Knowledge Requirement for Firearm Offenses | Firearms; Supreme Court |
Article I; Second Amendment |
2019-06-21 |
| 73 | No More Lemon Law? Supreme Court Rethinks Religious Establishment Analysis | Freedom of Religion; Supreme Court |
First Amendment | 2019-06-21 |
| 74 | Gun Crime Penalty Tossed | Gun Crime Penalty Tossed | 2019-06-20 | |
| 75 | Supreme Court Vacates Another Opinion Applying Antidiscrimination Laws to Religious Objectors | Freedom of Religion | First Amendment | 2019-06-19 |
| 76 | Regulating Big Tech: Legal Implications | Commerce; Freedom of Speech |
First Amendment | 2019-06-17 |
| 77 | Preemptive Strike: Does Federal Law Displace State Regulation of Student Loan Servicers? | Education; Preemption; Student Loans |
Article VI | 2019-05-31 |
| 78 | Enforcing Federal Privacy Law—Constitutional Limitations on Private Rights of Action | Enforcing Federal Privacy Law—Constitutional Limitations on Private Rights of Action | 2019-05-31 | |
| 79 | Legislative Purpose and Adviser Immunity in Congressional Investigations | Legislative Purpose and Adviser Immunity in Congressional Investigations | 2019-05-24 | |
| 80 | An Overview of State and Federal Authority to Impose Vaccination Requirements | An Overview of State and Federal Authority to Impose Vaccination Requirements | 2019-05-22 | |
| 81 | Fetal Viability and the Alabama Human Life Protection Act | Fetal Viability and the Alabama Human Life Protection Act | 2019-05-17 | |
| 82 | Attorney General Rules that Unlawful Entrants Generally Must Remain Detained While Asylum Claims Are Considered | Attorney General Rules that Unlawful Entrants Generally Must Remain Detained While Asylum Claims Are Considered | 2019-05-10 | |
| 83 | Does ATF’s Bump-Stock Ban Comport with the APA? | Does ATF’s Bump-Stock Ban Comport with the APA? | 2019-05-08 | |
| 84 | The Department of Homeland Security’s Reported “Metering” Policy: Legal Issues | The Department of Homeland Security’s Reported “Metering” Policy: Legal Issues | 2019-04-29 | |
| 85 | When Can the Firearm Industry Be Sued? | When Can the Firearm Industry Be Sued? | 2019-04-24 | |
| 86 | Lies and Schemes: Supreme Court Expands Securities Fraud Liability | Lies and Schemes: Supreme Court Expands Securities Fraud Liability | 2019-04-24 | |
| 87 | When Does the Government Have to Disclose Private Business Information in its Possession? | When Does the Government Have to Disclose Private Business Information in its Possession? | 2019-04-24 | |
| 88 | Frequently Asked Questions about the Julian Assange Charges | Frequently Asked Questions about the Julian Assange Charges | 2019-04-22 | |
| 89 | Making it a Priority: What Happens to Employee Claims When a Business Declares Bankruptcy? | Bankruptcy | Article I | 2019-04-17 |
| 90 | Drilling Under New Wyoming Leases on Hold as Judge Requires BLM to Reconsider Impacts on Climate Change | Drilling Under New Wyoming Leases on Hold as Judge Requires BLM to Reconsider Impacts on Climate Change | 2019-04-17 | |
| 91 | Balance Billing: Current Legal Landscape and Proposed Federal Solutions | Balance Billing: Current Legal Landscape and Proposed Federal Solutions | 2019-04-15 | |
| 92 | Nielsen v. Preap: High Court Clarifies Application of Immigration Detention Statute to Criminal Aliens | Nielsen v. Preap: High Court Clarifies Application of Immigration Detention Statute to Criminal Aliens | 2019-04-12 | |
| 93 | SCOTUS: Yakama Treaty Travel Right Preempts Washington State’s Fuels Tax | SCOTUS: Yakama Treaty Travel Right Preempts Washington State’s Fuels Tax | 2019-04-05 | |
| 94 | Has Judicial Deference to Agency Regulatory Interpretations Reached Its Final Auer? | Administrative Agencies; Separation of Powers; Supreme Court |
Article I; Article II; Article III |
2019-03-26 |
| 95 | Continuing Legal Education: What’s Required and Opportunities for Members and Staff to Satisfy Those Requirements | Continuing Legal Education: What’s Required and Opportunities for Members and Staff to Satisfy Those Requirements | 2019-03-25 | |
| 96 | VAWA Reauthorization: Substantive Criminal Law Proposals | VAWA Reauthorization: Substantive Criminal Law Proposals | 2019-03-20 | |
| 97 | Supreme Court Once Again Considers Partisan Gerrymandering: Implications and Legislative Options | Elections and Voting Rights; Supreme Court |
Article I; First Amendment; Fourteenth Amendment |
2019-03-18 |
| 98 | Huawei v. United States: The Bill of Attainder Clause and Huawei’s Lawsuit Against the United States | Huawei v. United States: The Bill of Attainder Clause and Huawei’s Lawsuit Against the United States | 2019-03-14 | |
| 99 | Racial Gerrymandering: Past Cases and the Supreme Court’s Upcoming Decision in Bethune-Hill II | Racial Gerrymandering: Past Cases and the Supreme Court’s Upcoming Decision in Bethune-Hill II | 2019-03-13 | |
| 100 | The CREATES Act of 2019 and Lowering Drug Prices: Legal Background & Overview | The CREATES Act of 2019 and Lowering Drug Prices: Legal Background & Overview | 2019-03-12 | |
| 101 | Constitutional Authority Statements | Amendment; Appropriations; Arizona v. United States, 132 S. Ct. 2492 (2012); Awards; Business; Citizenship; Civil Rights; Constitution; Copyright; Courts and Tribunals; Duties; Economic Regulation; Election; Excises; Federal Land Regulation; Fiallo v. Bell, 430 U.S. 787 (1977); Fong Yue Ting v. United States, 149 U.S. 698 (1893) Galvan v. Press, 347 U.S. 522 (1954); Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964); Henderson v. Mayor of New York, 92 U.S. 259 (1876); Honorary Stamp; Immigration and Naturalization; Imposts; Income Tax; Intellectual Property; Internal Rules of the House; Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968); Jurisdiction; Military; National Park; Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003); Patent; Post Office; Sibbach v. Wilson & Co., 312 U.S. 1 (1941); South Carolina v. Katzenbach, 383 U.S. 301 (1966); South Dakota v. Dole, 483 U.S. 203 (1987); Taxation; The Chinese Exclusion Case, 130 U.S. 581 (1889); Toll v. Moreno, 458 U.S. 1 (1982); United States v. Lopez, 514 U.S. 549 (1995); United States v. San Francisco, 310 U.S. 16 (1940); Visa; Wayman v. Southard, 10 U.S. (1 Wheat.) 1 (1825) |
Article I, Section 4, Clause 1; Article I, Section 5, Clause 2; Article I, Section 8, Clause 1; Article I, Section 8, Clause 3; Article I, Section 8, Clause 4; Article I, Section 8, Clause 6; Article I, Section 8, Clause 7; Article I, Section 8, Clause 8; Article I, Section 8, Clause 9; Article I, Section 8, Clause 11; Article I, Section 8, Clause 12; Article I, Section 8, Clause 13; Article I, Section 8, Clause 14; Article I, Section 8, Clause 15; Article I, Section 8, Clause 16; Article I, Section 8, Clause 18; Article I, Section 9, Clause 7; Article III, Section 1; Article III, Section 2; Article IV, Section 3, Clause 2; Article V; Thirteenth Amendment, Section 2; Fourteenth Amendment, Section 2; Fourteenth Amendment, Section 5; Fifteenth Amendment, Section 2; Sixteenth Amendment |
2019-03-11 |
| 102 | The Special Counsel’s Report: What Do Current DOJ Regulations Require? | The Special Counsel’s Report: What Do Current DOJ Regulations Require? | 2019-03-08 | |
| 103 | The Special Counsel’s Report: Can Congress Get It? | Criminal Procedure; Executive Powers Grand Jury; Legislative Powers; Separation of Powers; |
Article I; Article II |
2019-03-08 |
| 104 | Justice Department Reverses Stand on Gambling Statute | Justice Department Reverses Stand on Gambling Statute | 2019-03-06 | |
| 105 | Title IX and Sexual Harassment: Education Department Proposes New Regulations | Title IX and Sexual Harassment: Education Department Proposes New Regulations | 2019-03-04 | |
| 106 | Definition of National Emergency under the National Emergencies Act | Separation of Powers; Statutory Interpretation |
Article I; Article II |
2019-03-01 |
| 107 | Stock Buybacks: Background and Reform Proposals | Stock Buybacks: Background and Reform Proposals | 2019-02-27 | |
| 108 | Google Fined for Violation of EU Data Protection Law | Google Fined for Violation of EU Data Protection Law | 2019-02-25 | |
| 109 | Overview of Legal Challenges to the FCC’s 5G Order on Small Cell Siting | Overview of Legal Challenges to the FCC’s 5G Order on Small Cell Siting | 2019-02-25 | |
| 110 | NLRB Adopts New Standard for Identifying Covered Employees | NLRB Adopts New Standard for Identifying Covered Employees | 2019-02-19 | |
| 111 | Supreme Court Cert Grant Creates Uncertainty in Post-Heller World: Part I | Firearms; Supreme Court |
Second Amendment | 2019-02-14 |
| 112 | Supreme Court Cert Grant Creates Uncertainty in Post-Heller World: Part II | Firearms; Supreme Court |
Second Amendment | 2019-02-14 |
| 113 | Receipt of $4.7 Billion Is Not Always a Benefit | Receipt of $4.7 Billion Is Not Always a Benefit | 2019-02-12 | |
| 114 | Supreme Court May Reconsider Establishment Clause Jurisprudence in Challenge to Cross Display: Part One | Freedom of Religion; Supreme Court |
First Amendment | 2019-02-12 |
| 115 | Supreme Court May Reconsider Establishment Clause Jurisprudence in Challenge to Cross Display: Part Two | Freedom of Religion; Supreme Court |
First Amendment | 2019-02-12 |
| 116 | Court Stays Enforcement of Louisiana Abortion Law | Court Stays Enforcement of Louisiana Abortion Law | 2019-02-11 | |
| 117 | President Encourages Agencies to Buy American-Produced Goods & Materials | President Encourages Agencies to Buy American-Produced Goods & Materials | 2019-02-08 | |
| 118 | A Code of Conduct for the Supreme Court? Legal Questions and Considerations | Supreme Court | Article III | 2019-02-06 |
| 119 | Is the Trump Administration Rethinking Title VI? | Is the Trump Administration Rethinking Title VI? | 2019-02-04 | |
| 120 | Executive Branch Ethics and Financial Conflicts of Interest: Disqualification | Executive Branch Ethics and Financial Conflicts of Interest: Disqualification | 2019-02-01 | |
| 121 | “Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico | “Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico | 2019-02-01 | |
| 122 | Declarations under the National Emergencies Act, Part 1: Declarations Currently in Effect | Declarations under the National Emergencies Act, Part 1: Declarations Currently in Effect | 2019-02-01 | |
| 123 | Declarations under the National Emergencies Act, Part 2: Declarations No Longer in Effect | Declarations under the National Emergencies Act, Part 2: Declarations No Longer in Effect | 2019-02-01 | |
| 124 | Reexamining the Rule 10b5-1 Trading Plan Defense to Insider Trading | Reexamining the Rule 10b5-1 Trading Plan Defense to Insider Trading | 2019-01-31 | |
| 125 | Notable Administrative Law Developments from 2018 | Administrative Agencies; Appointment and Removal Powers; Separation of Powers; Supreme Court |
Article I; Article II; Article III |
2019-01-29 |
| 126 | Veterans’ Benefits and Bankruptcy | Bankruptcy | Article I | 2019-01-25 |
| 127 | Is the Indian Child Welfare Act Constitutional? | Is the Indian Child Welfare Act Constitutional? | 2019-01-22 | |
| 128 | Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence | Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence | 2019-01-15 | |
| 129 | Are DACA Recipients Eligible for Federal Employment? | Are DACA Recipients Eligible for Federal Employment? | 2019-01-15 | |
| 130 | Can the Department of Defense Build the Border Wall? | Justiciability Separation of Powers |
Article I Article II; Article III |
2019-01-10 |
| 131 | How a Government Shutdown Affects Government Contracts | Commerce; Contracts |
Article I | 2019-01-10 |
| 132 | D.C. Circuit Affirms Joint Employer Standard in End-of-Year Decision | D.C. Circuit Affirms Joint Employer Standard in End-of-Year Decision | 2019-01-07 | |
| 133 | Agreeing in Advance to Lose? Legal Considerations in Regulating Confessions of Judgment | Due Process | Fourteenth Amendment | 2019-01-03 |
| 134 | District Court Strikes the Individual Mandate and Declares the Affordable Care Act Invalid: What Happened and What Lies Ahead? | District Court Strikes the Individual Mandate and Declares the Affordable Care Act Invalid: What Happened and What Lies Ahead? | 2019-01-02 | |
| 135 | The Special Counsel Investigation After the Attorney General’s Resignation | The Special Counsel Investigation After the Attorney General’s Resignation | 2019-01-02 | |
| 136 | Executive Branch Ethics and Financial Conflicts of Interest: Disclosure | Executive Branch Ethics and Financial Conflicts of Interest: Disclosure | 2019-01-02 | |
| 137 | Wading Into the “Waters of the United States” | Commerce; Federalism |
Article I | 2018-12-28 |
| 138 | This Land Is Your Land? Eminent Domain Under the Natural Gas Act and State Sovereign Immunity | Blatchford v. Native Village of Noatak, 501 U.S. 775 (1991); Constitutional Avoidance; Natural Gas Act; State Sovereign Immunity; Take Care Clause; Takings and Eminent Domain |
Article II; Fifth Amendment; Eleventh Amendment |
2018-12-24 |
| 139 | Federal Capital Punishment: Recent Developments | Capital Punishment; Cruel and Unusual Punishment; Death Penalty; Furman v. Georgia, 408 U.S. 238 (1972); Gregg v. Georgia, 428 U.S. 153 (1976); Woodson v. North Carolina, 428 US 280 (1976) |
Eighth Amendment | 2018-12-23 |
| 140 | Bar Dues or Bar Don’t? Compelled Fees and the First Amendment | Freedom of Speech; Supreme Court |
First Amendment | 2018-12-19 |
| 141 | Home is Where the Habitat is: Supreme Court Addresses Critical Habitat under the Endangered Species Act | Home is Where the Habitat is: Supreme Court Addresses Critical Habitat under the Endangered Species Act | 2018-12-19 | |
| 142 | Congress’s Authority to Influence and Control Executive Branch Agencies | Impeachment | 2018-12-19 | |
| 143 | Congress's Authority to Influence and Control Executive Branch Agencies | Congress's Authority to Influence and Control Executive Branch Agencies | 2018-12-19 | |
| 144 | DHS Public Charge Proposal: Green Card Applications Would Turn on Whether the Applicant is Likely to Use “One or More Public Benefit” at Any Time in the Future | DHS Public Charge Proposal: Green Card Applications Would Turn on Whether the Applicant is Likely to Use “One or More Public Benefit” at Any Time in the Future | 2018-12-18 | |
| 145 | Will the FTC Need to Rethink its Enforcement Playbook? Third Circuit Considers FTC’s Ability to Sue Based on Past Conduct | Will the FTC Need to Rethink its Enforcement Playbook? Third Circuit Considers FTC’s Ability to Sue Based on Past Conduct | 2018-12-18 | |
| 146 | Distribution Problems: Volcker Rule Exemption Raises Ambiguity | Distribution Problems: Volcker Rule Exemption Raises Ambiguity | 2018-12-17 | |
| 147 | Title IX: Who Determines the Legal Meaning of “Sex”? | Title IX: Who Determines the Legal Meaning of “Sex”? | 2018-12-12 | |
| 148 | District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border | District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border | 2018-12-11 | |
| 149 | State and Local Governments Pursue Judicial Solutions to the Opioid Epidemic | State and Local Governments Pursue Judicial Solutions to the Opioid Epidemic | 2018-12-06 | |
| 150 | CFTC and Virtual Currencies: New Court Rulings and Implications for Congress | CFTC and Virtual Currencies: New Court Rulings and Implications for Congress | 2018-12-06 | |
| 151 | Do “Secret Sales” Trigger the On-Sale Bar to Patentability under the America Invents Act? | Intellectual Property | Article I | 2018-12-03 |
| 152 | Schemes and False Statements: Supreme Court to Consider Scope of Anti-Fraud Liability Under Securities Laws | Schemes and False Statements: Supreme Court to Consider Scope of Anti-Fraud Liability Under Securities Laws | 2018-11-30 | |
| 153 | The “National Security Exception” and the World Trade Organization | International Law / Law of Nations; Justiciability; Trade |
2018-11-28 | |
| 154 | An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border | An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border | 2018-11-27 | |
| 155 | Which Punishment Fits Which Crime?: Supreme Court to Consider Whether Portion of Supervised Release Statute is Unconstitutional | Criminal Procedure; Due Process; Trial Rights; Supreme Court |
Fifth Amendment; Sixth Amendment |
2018-11-27 |
| 156 | Antitrust and the iPhone: Supreme Court to Consider Whether App Store Customers Can Sue Apple for Monopolization | Antitrust and the iPhone: Supreme Court to Consider Whether App Store Customers Can Sue Apple for Monopolization | 2018-11-23 | |
| 157 | Carpenter v. Murphy: A Death Row Inmate’s Appeal Depends on Whether an Oklahoma Indian Reservation Still Exists | Carpenter v. Murphy: A Death Row Inmate’s Appeal Depends on Whether an Oklahoma Indian Reservation Still Exists | 2018-11-16 | |
| 158 | Who Can Serve as Acting Attorney General | Appointment and Removal Powers | Article II | 2018-11-15 |
| 159 | DACA: Litigation Status Update | DACA: Litigation Status Update | 2018-11-14 | |
| 160 | Federal District Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status | Federal District Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status | 2018-11-09 | |
| 161 | California Dreamin’ of Privacy Regulation: The California Consumer Privacy Act and Congress | California Dreamin’ of Privacy Regulation: The California Consumer Privacy Act and Congress | 2018-11-01 | |
| 162 | The Citizenship Clause and “Birthright Citizenship”: A Brief Legal Overview | The Citizenship Clause and “Birthright Citizenship”: A Brief Legal Overview | 2018-11-01 | |
| 163 | High Court to Determine Proper Method to Serve Process on a Foreign Government | Foreign Sovereign Immunity; Supreme Court |
Article III | 2018-10-26 |
| 164 | Supreme Court Takes Indian Treaty Right-to-Travel Case | Supreme Court Takes Indian Treaty Right-to-Travel Case | 2018-10-25 | |
| 165 | What Legal Obligations do Internet Companies Have to Prevent and Respond to a Data Breach? | What Legal Obligations do Internet Companies Have to Prevent and Respond to a Data Breach? | 2018-10-25 | |
| 166 | The United States and the “World Court” | International Law / Law of Nations | Article I; Article II |
2018-10-17 |
| 167 | The Music Modernization Act: Extending Copyright Protection to Pre-1972 Sound Recordings | Intellectual Property | Article I | 2018-10-15 |
| 168 | An Avalanche of Arbitration: Three Federal Arbitration Act Cases at the Supreme Court | An Avalanche of Arbitration: Three Federal Arbitration Act Cases at the Supreme Court | 2018-10-12 | |
| 169 | House Passes Bill to Amend the Federal “Crime of Violence” Definition | House Passes Bill to Amend the Federal “Crime of Violence” Definition | 2018-10-11 | |
| 170 | Deference and its Discontents: Will the Supreme Court Overrule Chevron? | Administrative Agencies; Separation of Powers; Supreme Court |
Article III | 2018-10-11 |
| 171 | Statutory Canon Aimed at International Organization Immunity | Courts and Tribunals; Statutory Interpretation |
Article III | 2018-10-05 |
| 172 | Do Courts Have Inherent Authority to Release Secret Grand Jury Materials? | Courts and Tribunals; Criminal Procedure; Grand Jury; Implied or Inherent Powers |
First Amendment | 2018-10-05 |
| 173 | When Can Copyright Holders Sue?: Supreme Court to Resolve Circuit Split on Copyright Registration | Intellectual Property | Article I | 2018-10-05 |
| 174 | Federalism-Based Limitations on Congressional Power: An Overview | Commerce; Courts and Tribunals; Discrimination; Due Process; Equal Protection; Federalism; General Welfare; Implied or Inherent Powers; Judicial Powers; Legislative Powers; Preemption; Supreme Court; Taxation |
Article I; Article VI; Tenth Amendment; Eleventh Amendment; Thirteenth Amendment; Fourteenth Amendment; Fifteenth Amendment; Twenty-First Amendment |
2018-09-27 |
| 175 | EPA Proposes the Affordable Clean Energy Rule to Replace the Clean Power Plan | Administrative Agencies; Executive Powers; Federalism |
Article II | 2018-09-26 |
| 176 | EPA Proposes New Permitting Test for Power Plant Modifications | Administrative Agencies; Executive Powers; Federalism |
Article II | 2018-09-25 |
| 177 | Can a Foreign Employee of a Foreign Company be Federally Prosecuted for Foreign Bribery? | Can a Foreign Employee of a Foreign Company be Federally Prosecuted for Foreign Bribery? | 2018-09-19 | |
| 178 | Are Excessive Fines Fundamentally Unfair? | Are Excessive Fines Fundamentally Unfair? | 2018-09-12 | |
| 179 | 3D-Printed Guns: An Overview of Recent Legal Developments | Firearms | First Amendment; Second Amendment |
2018-09-11 |
| 180 | Will courts clarify the implied false certification theory? Ninth Circuit holds that the Supreme Court established a mandatory test, but the issue remains unsettled | Will courts clarify the implied false certification theory? Ninth Circuit holds that the Supreme Court established a mandatory test, but the issue remains unsettled | 2018-09-07 | |
| 181 | Is Cy Pres A-OK? Supreme Court to Consider When Class Action Settlements Can Pay a Charity Instead of Class Members | Is Cy Pres A-OK? Supreme Court to Consider When Class Action Settlements Can Pay a Charity Instead of Class Members | 2018-09-06 | |
| 182 | Déjà Vu All Over Again: States Renew Constitutional Challenge to the ACA’s Individual Mandate | Déjà Vu All Over Again: States Renew Constitutional Challenge to the ACA’s Individual Mandate | 2018-09-05 | |
| 183 | Supreme Court Nomination: CRS Products | Supreme Court Nomination: CRS Products | 2018-08-31 | |
| 184 | How Hard Should it be to Discharge a Student Loan in Bankruptcy? | Bankruptcy | Article I | 2018-08-27 |
| 185 | Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change | Courts and Tribunals; Criminal Procedure; Trial Rights |
Fifth Amendment; Sixth Amendment |
2018-08-24 |
| 186 | Loan Sharking Isn’t a Violent Crime? | Loan Sharking Isn’t a Violent Crime? | 2018-08-22 | |
| 187 | Calling Balls and Strikes: Ethics and Supreme Court Justices | Calling Balls and Strikes: Ethics and Supreme Court Justices | 2018-08-20 | |
| 188 | When Does Double Prosecution Count as Double Jeopardy? | When Does Double Prosecution Count as Double Jeopardy? | 2018-08-16 | |
| 189 | IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information | IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information | 2018-08-14 | |
| 190 | Can the President Pardon Contempt of Court? Probably Yes. | Can the President Pardon Contempt of Court? Probably Yes. | 2018-08-10 | |
| 191 | Oops: When Does a Plain Error in Calculating a Defendant’s Sentencing Guidelines Range Warrant Resentencing? | Oops: When Does a Plain Error in Calculating a Defendant’s Sentencing Guidelines Range Warrant Resentencing? | 2018-08-08 | |
| 192 | Abortion, Justice Kennedy, and Judge Kavanaugh | Abortion; Privacy; Supreme Court; |
First Amendment; Fourth Amendment; Fourteenth Amendment |
2018-08-08 |
| 193 | Advising the President: Rules Governing Access and Accountability of Presidential Advisors | Advising the President: Rules Governing Access and Accountability of Presidential Advisors | 2018-08-06 | |
| 194 | Family Separation at the Border and the Ms. L. Litigation | Family Separation at the Border and the Ms. L. Litigation | 2018-07-31 | |
| 195 | Hostage-Taking Statute Covers Kidnapping for Ransom Abroad | Hostage-Taking Statute Covers Kidnapping for Ransom Abroad | 2018-07-30 | |
| 196 | Only Minimal Impact on Commerce Needed for Attempted Bombing | Only Minimal Impact on Commerce Needed for Attempted Bombing | 2018-07-26 | |
| 197 | Fannie & Freddie Investors Turn to Congress After S. Ct. Declines to Resurrect Their Legal Claims | Takings and Eminent Domain | Fifth Amendment | 2018-07-25 |
| 198 | The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read? | The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read? | 2018-07-25 | |
| 199 | Supreme Court Rules Ohio Voter Roll Law Comports with National Voter Registration Act | Elections and Voting Rights; Supreme Court |
Article I | 2018-07-24 |
| 200 | Mutual Legal Assistance Treaty with the Russian Federation: A Sketch | Criminal Procedure; International Law / Law of Nations; Treaties or Treaty Power |
Article III | 2018-07-24 |
| 201 | Patent Owners May Recover Foreign-Based Damages in Certain Infringement Cases | Intellectual Property | Article I | 2018-07-20 |
| 202 | Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus | Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus | 2018-07-20 | |
| 203 | Military Commission Judges Do Not Have Unilateral Power to Punish for Contempt | Courts and Tribunals; Military |
Article III; Article I |
2018-07-18 |
| 204 | Can a President Amend Regulations by Executive Order? | Administrative Agencies; Executive Powers; Separation of Powers | Article I; Article II | 2018-07-18 |
| 205 | Brett M. Kavanaugh: Selected Primary Material | Brett M. Kavanaugh: Selected Primary Material | 2018-07-17 | |
| 206 | Media Consolidation: United States v. AT&T and Implications for Future Transactions | Media Consolidation: United States v. AT&T and Implications for Future Transactions | 2018-07-16 | |
| 207 | Supreme Court Directs State Court to Decide Whether Indian Tribe Can Invoke Sovereign Immunity in Property Dispute | Supreme Court Directs State Court to Decide Whether Indian Tribe Can Invoke Sovereign Immunity in Property Dispute | 2018-07-16 | |
| 208 | U.S. District Court Holds U.S. Citizen Can Challenge His Inclusion on “Kill List” | Due Process | Article III; Amendment V |
2018-07-10 |
| 209 | Who Interprets Foreign Law in U.S. Federal Courts? | Courts and Tribunals; International Law / Law of Nations; Supreme Court |
Article III | 2018-07-09 |
| 210 | Questions Remain, Litigation Continues, over Military Service by Transgender Individuals | Questions Remain, Litigation Continues, over Military Service by Transgender Individuals | 2018-07-05 | |
| 211 | The Equal Rights Amendment: Close to Adoption? | The Equal Rights Amendment: Close to Adoption? | 2018-07-02 | |
| 212 | Partisan Gerrymandering: Supreme Court Provides Guidance on Standing and Maintains Legal Status Quo | Elections and Voting Rights; Supreme Court |
Article III | 2018-07-02 |
| 213 | When Can You Be Convicted of a Crime That Is Not a Crime? | When Can You Be Convicted of a Crime That Is Not a Crime? | 2018-06-29 | |
| 214 | Justice Kennedy Retires: Initial Considerations for Congress | Justice Kennedy Retires: Initial Considerations for Congress | 2018-06-28 | |
| 215 | Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part I) | Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part I) | 2018-06-27 | |
| 216 | Organizing Executive Branch Agencies: Who Makes the Call? | Organizing Executive Branch Agencies: Who Makes the Call? | 2018-06-27 | |
| 217 | Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia | Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia | 2018-06-26 | |
| 218 | Supreme Court Takes Fourth Amendment Case about Cell Phone Location Data | Supreme Court Takes Fourth Amendment Case about Cell Phone Location Data | 2018-06-26 | |
| 219 | Supreme Court Holds That SEC Administrative Law Judges Are “Officers” Subject to the Appointments Clause | Supreme Court Holds That SEC Administrative Law Judges Are “Officers” Subject to the Appointments Clause | 2018-06-22 | |
| 220 | Military Enjoined from Transferring American ISIS Suspect to Foreign Country—at Least for Now | Due Process; Military; Commander-In-Chief |
Article III; Amendment V; Article II |
2018-06-20 |
| 221 | From Clamor to Calm: Restrictions on Speech at Polling Places | Freedom of Speech; Supreme Court | First Amendment | 2018-06-18 |
| 222 | If You Rent a Car, Don’t Move the Seat Back | If You Rent a Car, Don’t Move the Seat Back | 2018-06-14 | |
| 223 | Class Actions are Back at the Supreme Court: Statutory Time Limits and “Serial Relitigation” of Class Certification | Class Actions are Back at the Supreme Court: Statutory Time Limits and “Serial Relitigation” of Class Certification | 2018-06-13 | |
| 224 | Concerted Activities and the NLRA after Epic Systems | Concerted Activities and the NLRA after Epic Systems | 2018-06-13 | |
| 225 | Extent of Habitat Protection Required for Indian Treaty Fishing Sites: Washington v. United States | Extent of Habitat Protection Required for Indian Treaty Fishing Sites: Washington v. United States | 2018-06-12 | |
| 226 | Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis | Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis | 2018-06-08 | |
| 227 | The Rise and Decline of the Alien Tort Statute | Courts and Tribunals; International Law / Law of Nations; Supreme Court |
Article III | 2018-06-06 |
| 228 | Victim Restitution: Attorneys’ Fees for Internal Investigations? | Victim Restitution: Attorneys’ Fees for Internal Investigations? | 2018-06-05 | |
| 229 | Masterpiece Cakeshop: Proving Government Hostility to Religion | Freedom of Religion; Supreme Court | First Amendment | 2018-06-05 |
| 230 | What Happens When Five Supreme Court Justices Can’t Agree? | Supreme Court | Article III | 2018-06-04 |
| 231 | Criminal Defendant’s Sixth Amendment Right to Autonomy in Maintaining Innocence | Criminal Defendant’s Sixth Amendment Right to Autonomy in Maintaining Innocence | 2018-06-04 | |
| 232 | An Epic Decision from the Supreme Court: The Supreme Court Rules Employee Class Action Waivers Are Enforceable | An Epic Decision from the Supreme Court: The Supreme Court Rules Employee Class Action Waivers Are Enforceable | 2018-05-31 | |
| 233 | Following the Money: Should Federal Law Require Litigants to Disclose Litigation Funding Agreements? | Following the Money: Should Federal Law Require Litigants to Disclose Litigation Funding Agreements? | 2018-05-31 | |
| 234 | Iran’s Central Bank Asks Supreme Court to Consider Whether the Bank’s Assets Abroad are Immune from Attachment to Satisfy Terror Judgments | Courts and Tribunals; Foreign Sovereign Immunity Supreme Court |
Article III | 2018-05-30 |
| 235 | (Robo)Call Me Maybe: Robocalls to Wireless Phones Under the Telephone Consumer Protection Act | (Robo)Call Me Maybe: Robocalls to Wireless Phones Under the Telephone Consumer Protection Act | 2018-05-29 | |
| 236 | DACA Rescission: Legal Issues and Litigation Status | DACA Rescission: Legal Issues and Litigation Status | 2018-05-23 | |
| 237 | Supreme Court Strikes Down “Partial” Administrative Reviews of Patent Claims | Intellectual Property | Article I | 2018-05-23 |
| 238 | Can the President Close the Border? Relevant Laws and Considerations | Can the President Close the Border? Relevant Laws and Considerations | 2018-05-23 | |
| 239 | Is There Liability for Cross-Border Shooting? | Is There Liability for Cross-Border Shooting? | 2018-05-22 | |
| 240 | Withdrawal from the Iran Nuclear Deal: Legal Authorities and Implications | International Law / Law of Nations; Separation of Powers |
Article I; Article II |
2018-05-17 |
| 241 | The Supreme Court Bets Against Commandeering: Murphy v. NCAA, Sports Gambling, and Federalism | The Supreme Court Bets Against Commandeering: Murphy v. NCAA, Sports Gambling, and Federalism | 2018-05-16 | |
| 242 | Judicial Review of Rescissions and Deferrals Under the Impoundment Control Act | Judicial Review of Rescissions and Deferrals Under the Impoundment Control Act | 2018-05-14 | |
| 243 | United States Off the Hook for Vacated Terror Judgment against Libya | Takings and Eminent Domain | Amendment V | 2018-05-08 |
| 244 | DOJ Grant Conditions Targeting Sanctuary Jurisdictions: Litigation Update | DOJ Grant Conditions Targeting Sanctuary Jurisdictions: Litigation Update | 2018-05-04 | |
| 245 | Courts Weigh Access to the Internet under the Americans with Disabilities Act | Courts Weigh Access to the Internet under the Americans with Disabilities Act | 2018-05-04 | |
| 246 | Compelling Presidential Compliance with a Judicial Subpoena | Compelling Presidential Compliance with a Judicial Subpoena | 2018-05-04 | |
| 247 | The Travel Ban Case and Nationwide Injunctions | The Travel Ban Case and Nationwide Injunctions | 2018-05-02 | |
| 248 | Law Enforcement Access to Overseas Data Under the CLOUD Act | Law Enforcement Access to Overseas Data Under the CLOUD Act | 2018-05-02 | |
| 249 | Third Circuit Invalidates De Facto Life Sentences for “Non-Incorrigible” Juvenile Offenders | Third Circuit Invalidates De Facto Life Sentences for “Non-Incorrigible” Juvenile Offenders | 2018-04-30 | |
| 250 | District Court Enjoins DACA Phase-Out: Explanation and Takeaways | District Court Enjoins DACA Phase-Out: Explanation and Takeaways | 2018-04-26 | |
| 251 | Can Corporations be Held Liable under the Alien Tort Statute? | Courts and Tribunals; International Law / Law of Nations; Supreme Court |
Article III | 2018-04-24 |
| 252 | Overview of “Travel Ban” Litigation and Recent Developments | Overview of “Travel Ban” Litigation and Recent Developments | 2018-04-23 | |
| 253 | Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges | Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges | 2018-04-20 | |
| 254 | The President’s Authority to Use the National Guard or the Armed Forces to Secure the Border | Military | Article II | 2018-04-19 |
| 255 | Murderous Schemes Are Not Violent Crimes? | Murderous Schemes Are Not Violent Crimes? | 2018-04-17 | |
| 256 | No Overtime for Auto Service Advisors after Court’s “Fair Reading” of the FLSA | No Overtime for Auto Service Advisors after Court’s “Fair Reading” of the FLSA | 2018-04-16 | |
| 257 | ATF’s Ability to Regulate “Bump Stocks” | ATF’s Ability to Regulate “Bump Stocks” | 2018-04-11 | |
| 258 | When the City Goes Broke: Pensions, Retirees, and Municipal Bankruptcies | Bankruptcy | Article I | 2018-04-10 |
| 259 | Mississippi Court Halts Enforcement of New Abortion Law | Mississippi Court Halts Enforcement of New Abortion Law | 2018-04-10 | |
| 260 | Tort and Litigation Reform in the 115th Congress | Tort and Litigation Reform in the 115th Congress | 2018-04-10 | |
| 261 | Commerce Department Announces Citizenship Question on 2020 Census and Lawsuits Filed | Commerce Department Announces Citizenship Question on 2020 Census and Lawsuits Filed | 2018-04-06 | |
| 262 | The End of the Deferred Action for Childhood Arrivals Program: Some Immediate Takeaways | The End of the Deferred Action for Childhood Arrivals Program: Some Immediate Takeaways | 2018-04-05 | |
| 263 | Can Aliens in Immigration Proceedings Be Detained Indefinitely? High Court Rules on Statutory, but not Constitutional Authority | Can Aliens in Immigration Proceedings Be Detained Indefinitely? High Court Rules on Statutory, but not Constitutional Authority | 2018-04-03 | |
| 264 | Supreme Court Considering Second Partisan Gerrymandering Case This Term | Elections and Voting Rights; Supreme Court |
Article I; First Amendment; Fourteenth Amendment |
2018-04-02 |
| 265 | District Court Decision May Help Pave the Way for Trump Administration’s Border Wall Plans | District Court Decision May Help Pave the Way for Trump Administration’s Border Wall Plans | 2018-04-02 | |
| 266 | Federal “Right-to-Try” Legislation: Legal Considerations | Federal “Right-to-Try” Legislation: Legal Considerations | 2018-03-30 | |
| 267 | Clarifying “Gibberish”: Supreme Court Holds That State Courts Can Hear Securities Act Lawsuits | Clarifying “Gibberish”: Supreme Court Holds That State Courts Can Hear Securities Act Lawsuits | 2018-03-29 | |
| 268 | Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part I) | Administrative Agencies; Commerce; Courts and Tribunals; Executive Powers; International Law / Law of Nations; Legislative Powers; Separation of Powers; Trade |
Article I; Article II |
2018-03-29 |
| 269 | Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part II) | Administrative Agencies; Commerce; Courts and Tribunals; Executive Powers; International Law / Law of Nations; Legislative Powers; Separation of Powers; Trade |
Article I; Article II |
2018-03-29 |
| 270 | Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto? | Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto? | 2018-03-27 | |
| 271 | Threats to National Security Foiled? A Wrap Up of New Tariffs on Steel and Aluminum | Administrative Agencies; Commerce; Executive Powers; International Law / Law of Nations; Legislative Powers; Legislative Process; Separation of Powers; Trade |
Article I; Article II |
2018-03-22 |
| 272 | It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran | International Law / Law of Nations; Supreme Court |
Article III | 2018-03-22 |
| 273 | Net Neutrality: Will the FTC Have Authority Over Broadband Service Providers? | Net Neutrality: Will the FTC Have Authority Over Broadband Service Providers? | 2018-03-20 | |
| 274 | All Eyes on Allergan: Drug Company’s Unprecedented Move Raises Questions for Patent and Drug Law (Part I) | Intellectual Property; Indians / Native Americans |
Article I | 2018-03-16 |
| 275 | Facing the FACT Act: Abortion and Free Speech (Part I) | Facing the FACT Act: Abortion and Free Speech (Part I) | 2018-03-16 | |
| 276 | Jurisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case? | Justiciability; Civil Procedure |
Article III | 2018-03-15 |
| 277 | Can the Government Prohibit 18-Year-Olds from Purchasing Firearms? | Can the Government Prohibit 18-Year-Olds from Purchasing Firearms? | 2018-03-13 | |
| 278 | The Constitutionality of Censuring the President | The Constitutionality of Censuring the President | 2018-03-12 | |
| 279 | Supreme Court Interprets Dodd-Frank Whistleblower Protections: Implications for Securities Law and Beyond | Supreme Court; Securities |
2018-03-08 | |
| 280 | Does Executive Privilege Apply to the Communications of a President-elect? | Does Executive Privilege Apply to the Communications of a President-elect? | 2018-03-08 | |
| 281 | How Hard Should It Be To Bring a Class Action? | How Hard Should It Be To Bring a Class Action? | 2018-03-07 | |
| 282 | The Latest on the SEC’s Consideration of the Proposed Acquisition of Chicago Stock Exchange | The Latest on the SEC’s Consideration of the Proposed Acquisition of Chicago Stock Exchange | 2018-03-07 | |
| 283 | Responding to the Opioid Epidemic: Legal Developments and FDA’s Role | Responding to the Opioid Epidemic: Legal Developments and FDA’s Role | 2018-03-06 | |
| 284 | Material Support for Terrorism Is Not Always an “Act of International Terrorism,” Second Circuit Holds | Material Support for Terrorism Is Not Always an “Act of International Terrorism,” Second Circuit Holds | 2018-03-05 | |
| 285 | A Bar Bouncer Equivalent for Planes in Flight | A Bar Bouncer Equivalent for Planes in Flight | 2018-03-05 | |
| 286 | Sex Offenders and Supervised Release Revocation: Constitutional? | Sex Offenders and Supervised Release Revocation: Constitutional? | 2018-03-01 | |
| 287 | So, Now Can Menachem Zivotofsky Get His Passport Reissued to Say “Israel”? | Separation of Powers; Executive Powers |
Article I; Article II |
2018-03-01 |
| 288 | Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part II) | Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part II) | 2018-02-26 | |
| 289 | Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad? | Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad? | 2018-02-23 | |
| 290 | Russians Indicted for Online Election Trolling | Russians Indicted for Online Election Trolling | 2018-02-21 | |
| 291 | How Broad A Shield? A Brief Overview of Section 230 of the Communications Decency Act | How Broad A Shield? A Brief Overview of Section 230 of the Communications Decency Act | 2018-02-21 | |
| 292 | Civil-Suit Provision in House-Passed Concealed Carry Reciprocity Bill (H.R. 38): Scope and Application | Civil-Suit Provision in House-Passed Concealed Carry Reciprocity Bill (H.R. 38): Scope and Application | 2018-02-21 | |
| 293 | Pedal to the Metal: Commerce Recommends Revving Up Trade Measures on Steel and Aluminum | Administrative Agencies; Commerce; Executive Powers; Legislative Powers; Supreme Court; Trade |
Article I; Article II |
2018-02-21 |
| 294 | Where Can Corporations Be Sued for Patent Infringement? Part I | Where Can Corporations Be Sued for Patent Infringement? Part I | 2018-02-20 | |
| 295 | Where Can Corporations Be Sued for Patent Infringement? Part II | Where Can Corporations Be Sued for Patent Infringement? Part II | 2018-02-20 | |
| 296 | HPSCI Memorandum Sparks Debate over FISA Application Requirements | HPSCI Memorandum Sparks Debate over FISA Application Requirements | 2018-02-15 | |
| 297 | The Half Trillion Dollar Ruling: Latest Dodd-Frank Case Narrows “Skin-in-the-Game” Rule | The Half Trillion Dollar Ruling: Latest Dodd-Frank Case Narrows “Skin-in-the-Game” Rule | 2018-02-14 | |
| 298 | D.C. Circuit Upholds as Constitutional the Structure of the CFPB – Part I | D.C. Circuit Upholds as Constitutional the Structure of the CFPB – Part I | 2018-02-12 | |
| 299 | D.C. Circuit Upholds as Constitutional the Structure of the CFPB – Part II | D.C. Circuit Upholds as Constitutional the Structure of the CFPB – Part II | 2018-02-12 | |
| 300 | Would it Violate Equal Protection to Prohibit Naturalized “Dreamers” from Sponsoring their Parents for Immigrant Visas? | Would it Violate Equal Protection to Prohibit Naturalized “Dreamers” from Sponsoring their Parents for Immigrant Visas? | 2018-02-12 | |
| 301 | Association Health Plans: Some Key Aspects of the Labor Department’s Proposed Rule | Association Health Plans: Some Key Aspects of the Labor Department’s Proposed Rule | 2018-02-09 | |
| 302 | Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4924 | Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4924 | 2018-02-07 | |
| 303 | Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets | Freedom of Speech; Intelligence |
Amendment I | 2018-02-06 |
| 304 | Clean Water Rule Challenges Must Begin in Federal District Courts, Supreme Court Holds | Supreme Court | Article III | 2018-01-31 |
| 305 | Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar Energy-Related Imports (Part I) | Administrative Agencies; Commerce; Executive Powers; Legislative Powers; Legislative Process; Trade |
Article I; Article II |
2018-01-26 |
| 306 | Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar Energy-Related Imports (Part II) | Administrative Agencies; Commerce; Executive Powers; Legislative Powers; Legislative Process; Trade |
Article I; Article II |
2018-01-26 |
| 307 | Amateur Strip-Club Arrests: Probable Cause & Qualified Immunity | Amateur Strip-Club Arrests: Probable Cause & Qualified Immunity | 2018-01-24 | |
| 308 | Is Impossibility Preemption Impossible? Federal Drug Law and Preemption of State Tort Claims | Is Impossibility Preemption Impossible? Federal Drug Law and Preemption of State Tort Claims | 2018-01-19 | |
| 309 | NLRB Rejects Former Standards Following Appointment of New Members | NLRB Rejects Former Standards Following Appointment of New Members | 2018-01-18 | |
| 310 | Should Federal Law Restrict Where a Company May File Bankruptcy? | Bankruptcy | Article I | 2018-01-18 |
| 311 | Will the Supreme Court Address States’ Power to Require that Retailers Tax Internet Sales? | Will the Supreme Court Address States’ Power to Require that Retailers Tax Internet Sales? | 2018-01-16 | |
| 312 | Marbury v. Madison Returns! The Supreme Court Considers the Scope of “Judicial” Power | Marbury v. Madison Returns! The Supreme Court Considers the Scope of “Judicial” Power | 2018-01-16 | |
| 313 | House Judiciary to Mark Up H.R. 4170, the Disclosing Foreign Influence Act | House Judiciary to Mark Up H.R. 4170, the Disclosing Foreign Influence Act | 2018-01-16 | |
| 314 | The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law | The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law | 2018-01-12 | |
| 315 | Who’s the Boss at the CFPB? | Appointment and Removal Powers | Article II | 2018-01-11 |
| 316 | Attorney General’s Memorandum on Federal Marijuana Enforcement: Possible Impacts | Attorney General’s Memorandum on Federal Marijuana Enforcement: Possible Impacts | 2018-01-10 | |
| 317 | Facing the FACT Act: Abortion and Free Speech (Part II) | Facing the FACT Act: Abortion and Free Speech (Part II) | 2018-01-10 | |
| 318 | Supreme Court to Hear Voter Roll Case: What Are the Implications? | Elections and Voting Rights; Supreme Court |
Article I | 2018-01-09 |
| 319 | Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches | Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches | 2018-01-08 | |
| 320 | Smart Toys and the Children’s Online Privacy Protection Act of 1998 | Smart Toys and the Children’s Online Privacy Protection Act of 1998 | 2018-01-08 | |
| 321 | EPA Proposes to Repeal the Clean Power Plan | Administrative Agencies; Executive Powers; Federalism |
Article II | 2018-01-04 |
| 322 | What Happens if H.R. 1 Conflicts with U.S. Tax Treaties? | What Happens if H.R. 1 Conflicts with U.S. Tax Treaties? | 2017-12-19 | |
| 323 | The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases | The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases | 2017-12-18 | |
| 324 | Federal Procurement Law & Natural Disasters | Commerce; Contracts |
Article I | 2017-12-14 |
| 325 | Supreme Court Declines to Take Up Military Commission Challenges – Al Bahlul and Al-Nashiri | Military; Due Process; Supreme Court |
Article I; Amendment V |
2017-12-12 |
| 326 | Suing Subway: When Does a Class Action Settlement Benefit Only the Lawyers? | Suing Subway: When Does a Class Action Settlement Benefit Only the Lawyers? | 2017-12-12 | |
| 327 | Killing Endangered Species: What’s Reasonable Self-Defense? | Killing Endangered Species: What’s Reasonable Self-Defense? | 2017-11-29 | |
| 328 | Supreme Court Reiterates Congress’s Exclusive Role in Regulating Lower Federal Court Jurisdiction | Supreme Court Reiterates Congress’s Exclusive Role in Regulating Lower Federal Court Jurisdiction | 2017-11-29 | |
| 329 | Fibbing to Get a Lawyer: Circuits Split on Punishment | Fibbing to Get a Lawyer: Circuits Split on Punishment | 2017-11-27 | |
| 330 | The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part I) | The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part I) | 2017-11-27 | |
| 331 | The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part II) | The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part II) | 2017-11-27 | |
| 332 | Joint Employment and the Save Local Business Act | Joint Employment and the Save Local Business Act | 2017-11-15 | |
| 333 | The Latest Chapter in Insider Trading Law: Major Circuit Decision Expands Scope of Liability for Trading on a “Tip” | The Latest Chapter in Insider Trading Law: Major Circuit Decision Expands Scope of Liability for Trading on a “Tip” | 2017-11-14 | |
| 334 | In Any Way, Shape, or Form? What Qualifies As “Any Court” under the Gun Control Act? | In Any Way, Shape, or Form? What Qualifies As “Any Court” under the Gun Control Act? | 2017-11-14 | |
| 335 | Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue | Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue | 2017-11-13 | |
| 336 | Can Congress Limit the President’s Power to Launch Nuclear Weapons? | Commander-In-Chief; Separation of Powers; Legislative Powers |
Article I; Article II |
2017-11-09 |
| 337 | A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In | A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In | 2017-11-02 | |
| 338 | Federal Agencies Disagree Whether Sexual Orientation Discrimination Is Prohibited by Title VII | Federal Agencies Disagree Whether Sexual Orientation Discrimination Is Prohibited by Title VII | 2017-11-01 | |
| 339 | Out of Office: Vacancies, Acting Officers, and Day 301 | Appointment and Removal Powers | Article II | 2017-11-01 |
| 340 | Hundreds of Equifax Data Breach Lawsuits Have Been Filed—What are their Chances? | Hundreds of Equifax Data Breach Lawsuits Have Been Filed—What are their Chances? | 2017-11-01 | |
| 341 | Treasury Proposes Rule That Could Deliver a “Death Sentence” to Chinese Bank | Commerce; Due Process |
Article I; Fifth Amendment; Fourteenth Amendment |
2017-10-30 |
| 342 | Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments | Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments | 2017-10-26 | |
| 343 | New Interim Final Rules Expand Options for Employers with Religious or Moral Objections to Contraceptive Coverage | Administrative Agencies; Freedom of Religion |
First Amendment | 2017-10-19 |
| 344 | Down to a Science (and Technology): Tribe’s Patent Assignment Deals Extend to High-Tech Patents | Down to a Science (and Technology): Tribe’s Patent Assignment Deals Extend to High-Tech Patents | 2017-10-19 | |
| 345 | Blowing the Whistle Indoors: Can Internal Whistleblowers Sue for Retaliation Under Dodd-Frank? | Supreme Court; Securities |
2017-10-19 | |
| 346 | When Silence Isn’t Golden: Omissions Liability under Securities Laws | When Silence Isn’t Golden: Omissions Liability under Securities Laws | 2017-10-17 | |
| 347 | Supreme Court to Address State Court Jurisdiction over Federal Securities Lawsuits | Supreme Court to Address State Court Jurisdiction over Federal Securities Lawsuits | 2017-10-16 | |
| 348 | All Eyes on Allergan: Drug Company’s Unprecedented Move Raises Questions for Patent and Drug Law (Part II) | Intellectual Property; Indians / Native Americans |
Article I | 2017-10-12 |
| 349 | Supreme Court To Hear Partisan Gerrymandering Case On October 3 | Elections and Voting Rights; Supreme Court |
First Amendment; Fourteenth Amendment |
2017-10-02 |
| 350 | D.C. Circuit Rejects EPA’s Efforts to Ban Hydrofluorocarbons: Part 1 | Administrative Agencies; Commerce; Executive Powers |
Article II | 2017-09-05 |
| 351 | D.C. Circuit Rejects EPA’s Efforts to Ban Hydrofluorocarbons: Part 2 | Administrative Agencies; Commerce; Executive Powers |
Article II | 2017-09-05 |