| 1 |
“Faithless Elector” Challenge Goes to Supreme Court |
Chaifalo v. Washington (to be argued);
Colorado Department of State v. Baca (to be argued);
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 |
| 2 |
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 |
| 3 |
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 |
| 4 |
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 |
| 5 |
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 |
| 6 |
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 |
| 7 |
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 |
| 8 |
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 |
| 9 |
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 |
| 10 |
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 |
| 11 |
COVID-19: Current Travel Restrictions and Quarantine Measures |
Addington v. Texas, 441 U.S. 418 (1979);
Commerce;
Coronavirus;
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 |
| 12 |
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 |
| 13 |
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 |
| 14 |
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 |
| 15 |
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 |
| 16 |
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 |
| 17 |
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 |
| 18 |
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 |
| 19 |
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 |
| 20 |
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 |
| 21 |
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 |
| 22 |
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 |
| 23 |
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 |
| 24 |
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 |
| 25 |
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 |
| 26 |
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 |
| 27 |
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 |
| 28 |
The Emoluments Clauses of the U.S. Constitution |
Emoluments |
Article I;
Article II |
2019-09-24 |
| 29 |
Supreme Court October Term 2018: A Review of Selected Major Rulings |
Supreme Court |
|
2019-08-23 |
| 30 |
Sidewalks, Streets, and Tweets: Is Twitter a Public Forum? |
Freedom of Speech;
Supreme Court |
First Amendment |
2019-07-09 |
| 31 |
Drug Price Disclosures and the First Amendment |
Freedom of Speech |
First Amendment |
2019-07-09 |
| 32 |
Federal Court Temporarily Blocks a Portion of the Administration’s Border Wall Funding |
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|
2019-07-05 |
| 33 |
The Supreme Court Temporarily Blocks Citizenship Question on the 2020 Census |
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|
2019-07-05 |
| 34 |
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 |
| 35 |
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 |
| 36 |
Congressional Access to the President’s Federal Tax Returns |
Legislative Powers;
Taxation |
Article I |
2019-07-02 |
| 37 |
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 |
| 38 |
No More Lemon Law? Supreme Court Rethinks Religious Establishment Analysis |
Freedom of Religion;
Supreme Court |
First Amendment |
2019-06-21 |
| 39 |
Gun Crime Penalty Tossed |
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|
2019-06-20 |
| 40 |
Supreme Court Vacates Another Opinion Applying Antidiscrimination Laws to Religious Objectors |
Freedom of Religion |
First Amendment |
2019-06-19 |
| 41 |
Regulating Big Tech: Legal Implications |
Commerce;
Freedom of Speech |
First Amendment |
2019-06-17 |
| 42 |
Preemptive Strike: Does Federal Law Displace State Regulation of Student Loan Servicers? |
Education;
Preemption;
Student Loans |
Article VI |
2019-05-31 |
| 43 |
Enforcing Federal Privacy Law—Constitutional Limitations on Private Rights of Action |
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2019-05-31 |
| 44 |
Legislative Purpose and Adviser Immunity in Congressional Investigations |
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2019-05-24 |
| 45 |
An Overview of State and Federal Authority to Impose Vaccination Requirements |
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2019-05-22 |
| 46 |
Fetal Viability and the Alabama Human Life Protection Act |
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2019-05-17 |
| 47 |
Attorney General Rules that Unlawful Entrants Generally Must Remain Detained While Asylum Claims Are Considered |
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2019-05-10 |
| 48 |
Does ATF’s Bump-Stock Ban Comport with the APA? |
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2019-05-08 |
| 49 |
The Department of Homeland Security’s Reported “Metering” Policy: Legal Issues |
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2019-04-29 |
| 50 |
When Can the Firearm Industry Be Sued? |
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2019-04-24 |
| 51 |
Lies and Schemes: Supreme Court Expands Securities Fraud Liability |
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2019-04-24 |
| 52 |
When Does the Government Have to Disclose Private Business Information in its Possession? |
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2019-04-24 |
| 53 |
Frequently Asked Questions about the Julian Assange Charges |
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2019-04-22 |
| 54 |
Making it a Priority: What Happens to Employee Claims When a Business Declares Bankruptcy? |
Bankruptcy |
Article I |
2019-04-17 |
| 55 |
Drilling Under New Wyoming Leases on Hold as Judge Requires BLM to Reconsider Impacts on Climate Change |
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2019-04-17 |
| 56 |
Balance Billing: Current Legal Landscape and Proposed Federal Solutions |
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2019-04-15 |
| 57 |
Nielsen v. Preap: High Court Clarifies Application of Immigration Detention Statute to Criminal Aliens |
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2019-04-12 |
| 58 |
SCOTUS: Yakama Treaty Travel Right Preempts Washington State’s Fuels Tax |
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2019-04-05 |
| 59 |
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 |
| 60 |
Continuing Legal Education: What’s Required and Opportunities for Members and Staff to Satisfy Those Requirements |
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2019-03-25 |
| 61 |
VAWA Reauthorization: Substantive Criminal Law Proposals |
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2019-03-20 |
| 62 |
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 |
| 63 |
Huawei v. United States: The Bill of Attainder Clause and Huawei’s Lawsuit Against the United States |
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2019-03-14 |
| 64 |
Racial Gerrymandering: Past Cases and the Supreme Court’s Upcoming Decision in Bethune-Hill II |
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2019-03-13 |
| 65 |
The CREATES Act of 2019 and Lowering Drug Prices: Legal Background & Overview |
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2019-03-12 |
| 66 |
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 |
| 67 |
The Special Counsel’s Report: What Do Current DOJ Regulations Require? |
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2019-03-08 |
| 68 |
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 |
| 69 |
Justice Department Reverses Stand on Gambling Statute |
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2019-03-06 |
| 70 |
Title IX and Sexual Harassment: Education Department Proposes New Regulations |
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2019-03-04 |
| 71 |
Definition of National Emergency under the National Emergencies Act |
Separation of Powers;
Statutory Interpretation |
Article I;
Article II |
2019-03-01 |
| 72 |
Stock Buybacks: Background and Reform Proposals |
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2019-02-27 |
| 73 |
Google Fined for Violation of EU Data Protection Law |
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2019-02-25 |
| 74 |
Overview of Legal Challenges to the FCC’s 5G Order on Small Cell Siting |
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2019-02-25 |
| 75 |
NLRB Adopts New Standard for Identifying Covered Employees |
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2019-02-19 |
| 76 |
Supreme Court Cert Grant Creates Uncertainty in Post-Heller World: Part I |
Firearms;
Supreme Court |
Second Amendment |
2019-02-14 |
| 77 |
Supreme Court Cert Grant Creates Uncertainty in Post-Heller World: Part II |
Firearms;
Supreme Court |
Second Amendment |
2019-02-14 |
| 78 |
Receipt of $4.7 Billion Is Not Always a Benefit |
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2019-02-12 |
| 79 |
Supreme Court May Reconsider Establishment Clause Jurisprudence in Challenge to Cross Display: Part One |
Freedom of Religion;
Supreme Court |
First Amendment |
2019-02-12 |
| 80 |
Supreme Court May Reconsider Establishment Clause Jurisprudence in Challenge to Cross Display: Part Two |
Freedom of Religion;
Supreme Court |
First Amendment |
2019-02-12 |
| 81 |
Court Stays Enforcement of Louisiana Abortion Law |
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2019-02-11 |
| 82 |
President Encourages Agencies to Buy American-Produced Goods & Materials |
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2019-02-08 |
| 83 |
A Code of Conduct for the Supreme Court? Legal Questions and Considerations |
Supreme Court |
Article III |
2019-02-06 |
| 84 |
Is the Trump Administration Rethinking Title VI? |
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|
2019-02-04 |
| 85 |
Executive Branch Ethics and Financial Conflicts of Interest: Disqualification |
|
|
2019-02-01 |
| 86 |
“Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico |
|
|
2019-02-01 |
| 87 |
Declarations under the National Emergencies Act, Part 1: Declarations Currently in Effect |
|
|
2019-02-01 |
| 88 |
Declarations under the National Emergencies Act, Part 2: Declarations No Longer in Effect |
|
|
2019-02-01 |
| 89 |
Reexamining the Rule 10b5-1 Trading Plan Defense to Insider Trading |
|
|
2019-01-31 |
| 90 |
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 |
| 91 |
Veterans’ Benefits and Bankruptcy |
Bankruptcy |
Article I |
2019-01-25 |
| 92 |
Is the Indian Child Welfare Act Constitutional? |
|
|
2019-01-22 |
| 93 |
Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence |
|
|
2019-01-15 |
| 94 |
Are DACA Recipients Eligible for Federal Employment? |
|
|
2019-01-15 |
| 95 |
Can the Department of Defense Build the Border Wall? |
Justiciability
Separation of Powers |
Article I
Article II;
Article III |
2019-01-10 |
| 96 |
How a Government Shutdown Affects Government Contracts |
Commerce;
Contracts |
Article I |
2019-01-10 |
| 97 |
D.C. Circuit Affirms Joint Employer Standard in End-of-Year Decision |
|
|
2019-01-07 |
| 98 |
Agreeing in Advance to Lose? Legal Considerations in Regulating Confessions of Judgment |
Due Process |
Fourteenth Amendment |
2019-01-03 |
| 99 |
District Court Strikes the Individual Mandate and Declares the Affordable Care Act Invalid: What Happened and What Lies Ahead? |
|
|
2019-01-02 |
| 100 |
The Special Counsel Investigation After the Attorney General’s Resignation |
|
|
2019-01-02 |
| 101 |
Executive Branch Ethics and Financial Conflicts of Interest: Disclosure |
|
|
2019-01-02 |
| 102 |
Wading Into the “Waters of the United States” |
Commerce;
Federalism |
Article I |
2018-12-28 |
| 103 |
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 |
| 104 |
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 |
| 105 |
Bar Dues or Bar Don’t? Compelled Fees and the First Amendment |
Freedom of Speech;
Supreme Court |
First Amendment |
2018-12-19 |
| 106 |
Home is Where the Habitat is: Supreme Court Addresses Critical Habitat under the Endangered Species Act |
|
|
2018-12-19 |
| 107 |
Congress’s Authority to Influence and Control Executive Branch Agencies |
Impeachment |
|
2018-12-19 |
| 108 |
Congress's Authority to Influence and Control Executive Branch Agencies |
|
|
2018-12-19 |
| 109 |
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 |
| 110 |
Will the FTC Need to Rethink its Enforcement Playbook? Third Circuit Considers FTC’s Ability to Sue Based on Past Conduct |
|
|
2018-12-18 |
| 111 |
Distribution Problems: Volcker Rule Exemption Raises Ambiguity |
|
|
2018-12-17 |
| 112 |
Title IX: Who Determines the Legal Meaning of “Sex”? |
|
|
2018-12-12 |
| 113 |
District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border |
|
|
2018-12-11 |
| 114 |
State and Local Governments Pursue Judicial Solutions to the Opioid Epidemic |
|
|
2018-12-06 |
| 115 |
CFTC and Virtual Currencies: New Court Rulings and Implications for Congress |
|
|
2018-12-06 |
| 116 |
Do “Secret Sales” Trigger the On-Sale Bar to Patentability under the America Invents Act? |
Intellectual Property |
Article I |
2018-12-03 |
| 117 |
Schemes and False Statements: Supreme Court to Consider Scope of Anti-Fraud Liability Under Securities Laws |
|
|
2018-11-30 |
| 118 |
The “National Security Exception” and the World Trade Organization |
International Law / Law of Nations;
Justiciability;
Trade |
|
2018-11-28 |
| 119 |
An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border |
|
|
2018-11-27 |
| 120 |
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 |
| 121 |
Antitrust and the iPhone: Supreme Court to Consider Whether App Store Customers Can Sue Apple for Monopolization |
|
|
2018-11-23 |
| 122 |
Carpenter v. Murphy: A Death Row Inmate’s Appeal Depends on Whether an Oklahoma Indian Reservation Still Exists |
|
|
2018-11-16 |
| 123 |
Who Can Serve as Acting Attorney General |
Appointment and Removal Powers |
Article II |
2018-11-15 |
| 124 |
DACA: Litigation Status Update |
|
|
2018-11-14 |
| 125 |
Federal District Court Enjoins the Department of Homeland Security from Terminating Temporary Protected Status |
|
|
2018-11-09 |
| 126 |
California Dreamin’ of Privacy Regulation: The California Consumer Privacy Act and Congress |
|
|
2018-11-01 |
| 127 |
The Citizenship Clause and “Birthright Citizenship”: A Brief Legal Overview |
|
|
2018-11-01 |
| 128 |
High Court to Determine Proper Method to Serve Process on a Foreign Government |
Foreign Sovereign Immunity;
Supreme Court |
Article III |
2018-10-26 |
| 129 |
Supreme Court Takes Indian Treaty Right-to-Travel Case |
|
|
2018-10-25 |
| 130 |
What Legal Obligations do Internet Companies Have to Prevent and Respond to a Data Breach? |
|
|
2018-10-25 |
| 131 |
The United States and the “World Court” |
International Law / Law of Nations |
Article I;
Article II |
2018-10-17 |
| 132 |
The Music Modernization Act: Extending Copyright Protection to Pre-1972 Sound Recordings |
Intellectual Property |
Article I |
2018-10-15 |
| 133 |
An Avalanche of Arbitration: Three Federal Arbitration Act Cases at the Supreme Court |
|
|
2018-10-12 |
| 134 |
House Passes Bill to Amend the Federal “Crime of Violence” Definition |
|
|
2018-10-11 |
| 135 |
Deference and its Discontents: Will the Supreme Court Overrule Chevron? |
Administrative Agencies; Separation of Powers;
Supreme Court |
Article III |
2018-10-11 |
| 136 |
Statutory Canon Aimed at International Organization Immunity |
Courts and Tribunals;
Statutory Interpretation |
Article III |
2018-10-05 |
| 137 |
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 |
| 138 |
When Can Copyright Holders Sue?: Supreme Court to Resolve Circuit Split on Copyright Registration |
Intellectual Property |
Article I |
2018-10-05 |
| 139 |
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 |
| 140 |
EPA Proposes the Affordable Clean Energy Rule to Replace the Clean Power Plan |
Administrative Agencies;
Executive Powers;
Federalism |
Article II |
2018-09-26 |
| 141 |
EPA Proposes New Permitting Test for Power Plant Modifications |
Administrative Agencies;
Executive Powers;
Federalism |
Article II |
2018-09-25 |
| 142 |
Can a Foreign Employee of a Foreign Company be Federally Prosecuted for Foreign Bribery? |
|
|
2018-09-19 |
| 143 |
Are Excessive Fines Fundamentally Unfair? |
|
|
2018-09-12 |
| 144 |
3D-Printed Guns: An Overview of Recent Legal Developments |
Firearms |
First Amendment;
Second Amendment |
2018-09-11 |
| 145 |
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 |
| 146 |
Is Cy Pres A-OK? Supreme Court to Consider When Class Action Settlements Can Pay a Charity Instead of Class Members |
|
|
2018-09-06 |
| 147 |
Déjà Vu All Over Again: States Renew Constitutional Challenge to the ACA’s Individual Mandate |
|
|
2018-09-05 |
| 148 |
Supreme Court Nomination: CRS Products |
|
|
2018-08-31 |
| 149 |
How Hard Should it be to Discharge a Student Loan in Bankruptcy? |
Bankruptcy |
Article I |
2018-08-27 |
| 150 |
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 |
| 151 |
Loan Sharking Isn’t a Violent Crime? |
|
|
2018-08-22 |
| 152 |
Calling Balls and Strikes: Ethics and Supreme Court Justices |
|
|
2018-08-20 |
| 153 |
When Does Double Prosecution Count as Double Jeopardy? |
|
|
2018-08-16 |
| 154 |
IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information |
|
|
2018-08-14 |
| 155 |
Can the President Pardon Contempt of Court? Probably Yes. |
|
|
2018-08-10 |
| 156 |
Oops: When Does a Plain Error in Calculating a Defendant’s Sentencing Guidelines Range Warrant Resentencing? |
|
|
2018-08-08 |
| 157 |
Abortion, Justice Kennedy, and Judge Kavanaugh |
Abortion;
Privacy;
Supreme Court; |
First Amendment;
Fourth Amendment;
Fourteenth Amendment |
2018-08-08 |
| 158 |
Advising the President: Rules Governing Access and Accountability of Presidential Advisors |
|
|
2018-08-06 |
| 159 |
Family Separation at the Border and the Ms. L. Litigation |
|
|
2018-07-31 |
| 160 |
Hostage-Taking Statute Covers Kidnapping for Ransom Abroad |
|
|
2018-07-30 |
| 161 |
Only Minimal Impact on Commerce Needed for Attempted Bombing |
|
|
2018-07-26 |
| 162 |
Fannie & Freddie Investors Turn to Congress After S. Ct. Declines to Resurrect Their Legal Claims |
Takings and Eminent Domain |
Fifth Amendment |
2018-07-25 |
| 163 |
The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read? |
|
|
2018-07-25 |
| 164 |
Supreme Court Rules Ohio Voter Roll Law Comports with National Voter Registration Act |
Elections and Voting Rights;
Supreme Court |
Article I |
2018-07-24 |
| 165 |
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 |
| 166 |
Patent Owners May Recover Foreign-Based Damages in Certain Infringement Cases |
Intellectual Property |
Article I |
2018-07-20 |
| 167 |
Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus |
|
|
2018-07-20 |
| 168 |
Military Commission Judges Do Not Have Unilateral Power to Punish for Contempt |
Courts and Tribunals;
Military |
Article III;
Article I |
2018-07-18 |
| 169 |
Can a President Amend Regulations by Executive Order? |
Administrative Agencies; Executive Powers; Separation of Powers |
Article I; Article II |
2018-07-18 |
| 170 |
Brett M. Kavanaugh: Selected Primary Material |
|
|
2018-07-17 |
| 171 |
Media Consolidation: United States v. AT&T and Implications for Future Transactions |
|
|
2018-07-16 |
| 172 |
Supreme Court Directs State Court to Decide Whether Indian Tribe Can Invoke Sovereign Immunity in Property Dispute |
|
|
2018-07-16 |
| 173 |
U.S. District Court Holds U.S. Citizen Can Challenge His Inclusion on “Kill List” |
Due Process |
Article III;
Amendment V |
2018-07-10 |
| 174 |
Who Interprets Foreign Law in U.S. Federal Courts? |
Courts and Tribunals;
International Law / Law of Nations;
Supreme Court |
Article III |
2018-07-09 |
| 175 |
Questions Remain, Litigation Continues, over Military Service by Transgender Individuals |
|
|
2018-07-05 |
| 176 |
The Equal Rights Amendment: Close to Adoption? |
|
|
2018-07-02 |
| 177 |
Partisan Gerrymandering: Supreme Court Provides Guidance on Standing and Maintains Legal Status Quo |
Elections and Voting Rights;
Supreme Court |
Article III |
2018-07-02 |
| 178 |
When Can You Be Convicted of a Crime That Is Not a Crime? |
|
|
2018-06-29 |
| 179 |
Justice Kennedy Retires: Initial Considerations for Congress |
|
|
2018-06-28 |
| 180 |
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part I) |
|
|
2018-06-27 |
| 181 |
Organizing Executive Branch Agencies: Who Makes the Call? |
|
|
2018-06-27 |
| 182 |
Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia |
|
|
2018-06-26 |
| 183 |
Supreme Court Takes Fourth Amendment Case about Cell Phone Location Data |
|
|
2018-06-26 |
| 184 |
Supreme Court Holds That SEC Administrative Law Judges Are “Officers” Subject to the Appointments Clause |
|
|
2018-06-22 |
| 185 |
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 |
| 186 |
From Clamor to Calm: Restrictions on Speech at Polling Places |
Freedom of Speech; Supreme Court |
First Amendment |
2018-06-18 |
| 187 |
If You Rent a Car, Don’t Move the Seat Back |
|
|
2018-06-14 |
| 188 |
Class Actions are Back at the Supreme Court: Statutory Time Limits and “Serial Relitigation” of Class Certification |
|
|
2018-06-13 |
| 189 |
Concerted Activities and the NLRA after Epic Systems |
|
|
2018-06-13 |
| 190 |
Extent of Habitat Protection Required for Indian Treaty Fishing Sites: Washington v. United States |
|
|
2018-06-12 |
| 191 |
Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis |
|
|
2018-06-08 |
| 192 |
The Rise and Decline of the Alien Tort Statute |
Courts and Tribunals;
International Law / Law of Nations;
Supreme Court |
Article III |
2018-06-06 |
| 193 |
Victim Restitution: Attorneys’ Fees for Internal Investigations? |
|
|
2018-06-05 |
| 194 |
Masterpiece Cakeshop: Proving Government Hostility to Religion |
Freedom of Religion; Supreme Court |
First Amendment |
2018-06-05 |
| 195 |
What Happens When Five Supreme Court Justices Can’t Agree? |
Supreme Court |
Article III |
2018-06-04 |
| 196 |
Criminal Defendant’s Sixth Amendment Right to Autonomy in Maintaining Innocence |
|
|
2018-06-04 |
| 197 |
An Epic Decision from the Supreme Court: The Supreme Court Rules Employee Class Action Waivers Are Enforceable |
|
|
2018-05-31 |
| 198 |
Following the Money: Should Federal Law Require Litigants to Disclose Litigation Funding Agreements? |
|
|
2018-05-31 |
| 199 |
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 |
| 200 |
(Robo)Call Me Maybe: Robocalls to Wireless Phones Under the Telephone Consumer Protection Act |
|
|
2018-05-29 |
| 201 |
DACA Rescission: Legal Issues and Litigation Status |
|
|
2018-05-23 |
| 202 |
Supreme Court Strikes Down “Partial” Administrative Reviews of Patent Claims |
Intellectual Property |
Article I |
2018-05-23 |
| 203 |
Can the President Close the Border? Relevant Laws and Considerations |
|
|
2018-05-23 |
| 204 |
Is There Liability for Cross-Border Shooting? |
|
|
2018-05-22 |
| 205 |
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 |
| 206 |
The Supreme Court Bets Against Commandeering: Murphy v. NCAA, Sports Gambling, and Federalism |
|
|
2018-05-16 |
| 207 |
Judicial Review of Rescissions and Deferrals Under the Impoundment Control Act |
|
|
2018-05-14 |
| 208 |
United States Off the Hook for Vacated Terror Judgment against Libya |
Takings and Eminent Domain |
Amendment V |
2018-05-08 |
| 209 |
DOJ Grant Conditions Targeting Sanctuary Jurisdictions: Litigation Update |
|
|
2018-05-04 |
| 210 |
Courts Weigh Access to the Internet under the Americans with Disabilities Act |
|
|
2018-05-04 |
| 211 |
Compelling Presidential Compliance with a Judicial Subpoena |
|
|
2018-05-04 |
| 212 |
The Travel Ban Case and Nationwide Injunctions |
|
|
2018-05-02 |
| 213 |
Law Enforcement Access to Overseas Data Under the CLOUD Act |
|
|
2018-05-02 |
| 214 |
Third Circuit Invalidates De Facto Life Sentences for “Non-Incorrigible” Juvenile Offenders |
|
|
2018-04-30 |
| 215 |
District Court Enjoins DACA Phase-Out: Explanation and Takeaways |
|
|
2018-04-26 |
| 216 |
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 |
| 217 |
Overview of “Travel Ban” Litigation and Recent Developments |
|
|
2018-04-23 |
| 218 |
Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges |
|
|
2018-04-20 |
| 219 |
The President’s Authority to Use the National Guard or the Armed Forces to Secure the Border |
Military |
Article II |
2018-04-19 |
| 220 |
Murderous Schemes Are Not Violent Crimes? |
|
|
2018-04-17 |
| 221 |
No Overtime for Auto Service Advisors after Court’s “Fair Reading” of the FLSA |
|
|
2018-04-16 |
| 222 |
ATF’s Ability to Regulate “Bump Stocks” |
|
|
2018-04-11 |
| 223 |
When the City Goes Broke: Pensions, Retirees, and Municipal Bankruptcies |
Bankruptcy |
Article I |
2018-04-10 |
| 224 |
Mississippi Court Halts Enforcement of New Abortion Law |
|
|
2018-04-10 |
| 225 |
Tort and Litigation Reform in the 115th Congress |
|
|
2018-04-10 |
| 226 |
Commerce Department Announces Citizenship Question on 2020 Census and Lawsuits Filed |
|
|
2018-04-06 |
| 227 |
The End of the Deferred Action for Childhood Arrivals Program: Some Immediate Takeaways |
|
|
2018-04-05 |
| 228 |
Can Aliens in Immigration Proceedings Be Detained Indefinitely? High Court Rules on Statutory, but not Constitutional Authority |
|
|
2018-04-03 |
| 229 |
Supreme Court Considering Second Partisan Gerrymandering Case This Term |
Elections and Voting Rights;
Supreme Court |
Article I;
First Amendment;
Fourteenth Amendment |
2018-04-02 |
| 230 |
District Court Decision May Help Pave the Way for Trump Administration’s Border Wall Plans |
|
|
2018-04-02 |
| 231 |
Federal “Right-to-Try” Legislation: Legal Considerations |
|
|
2018-03-30 |
| 232 |
Clarifying “Gibberish”: Supreme Court Holds That State Courts Can Hear Securities Act Lawsuits |
|
|
2018-03-29 |
| 233 |
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 |
| 234 |
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 |
| 235 |
Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto? |
|
|
2018-03-27 |
| 236 |
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 |
| 237 |
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 |
| 238 |
Net Neutrality: Will the FTC Have Authority Over Broadband Service Providers? |
|
|
2018-03-20 |
| 239 |
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 |
| 240 |
Facing the FACT Act: Abortion and Free Speech (Part I) |
|
|
2018-03-16 |
| 241 |
Jurisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case? |
Justiciability;
Civil Procedure |
Article III |
2018-03-15 |
| 242 |
Can the Government Prohibit 18-Year-Olds from Purchasing Firearms? |
|
|
2018-03-13 |
| 243 |
The Constitutionality of Censuring the President |
|
|
2018-03-12 |
| 244 |
Supreme Court Interprets Dodd-Frank Whistleblower Protections: Implications for Securities Law and Beyond |
Supreme Court;
Securities |
|
2018-03-08 |
| 245 |
Does Executive Privilege Apply to the Communications of a President-elect? |
|
|
2018-03-08 |
| 246 |
How Hard Should It Be To Bring a Class Action? |
|
|
2018-03-07 |
| 247 |
The Latest on the SEC’s Consideration of the Proposed Acquisition of Chicago Stock Exchange |
|
|
2018-03-07 |
| 248 |
Responding to the Opioid Epidemic: Legal Developments and FDA’s Role |
|
|
2018-03-06 |
| 249 |
Material Support for Terrorism Is Not Always an “Act of International Terrorism,” Second Circuit Holds |
|
|
2018-03-05 |
| 250 |
A Bar Bouncer Equivalent for Planes in Flight |
|
|
2018-03-05 |
| 251 |
Sex Offenders and Supervised Release Revocation: Constitutional? |
|
|
2018-03-01 |
| 252 |
So, Now Can Menachem Zivotofsky Get His Passport Reissued to Say “Israel”? |
Separation of Powers;
Executive Powers |
Article I;
Article II |
2018-03-01 |
| 253 |
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part II) |
|
|
2018-02-26 |
| 254 |
Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad? |
|
|
2018-02-23 |
| 255 |
Russians Indicted for Online Election Trolling |
|
|
2018-02-21 |
| 256 |
How Broad A Shield? A Brief Overview of Section 230 of the Communications Decency Act |
|
|
2018-02-21 |
| 257 |
Civil-Suit Provision in House-Passed Concealed Carry Reciprocity Bill (H.R. 38): Scope and Application |
|
|
2018-02-21 |
| 258 |
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 |
| 259 |
Where Can Corporations Be Sued for Patent Infringement? Part I |
|
|
2018-02-20 |
| 260 |
Where Can Corporations Be Sued for Patent Infringement? Part II |
|
|
2018-02-20 |
| 261 |
HPSCI Memorandum Sparks Debate over FISA Application Requirements |
|
|
2018-02-15 |
| 262 |
The Half Trillion Dollar Ruling: Latest Dodd-Frank Case Narrows “Skin-in-the-Game” Rule |
|
|
2018-02-14 |
| 263 |
D.C. Circuit Upholds as Constitutional the Structure of the CFPB – Part I |
|
|
2018-02-12 |
| 264 |
D.C. Circuit Upholds as Constitutional the Structure of the CFPB – Part II |
|
|
2018-02-12 |
| 265 |
Would it Violate Equal Protection to Prohibit Naturalized “Dreamers” from Sponsoring their Parents for Immigrant Visas? |
|
|
2018-02-12 |
| 266 |
Association Health Plans: Some Key Aspects of the Labor Department’s Proposed Rule |
|
|
2018-02-09 |
| 267 |
Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4924 |
|
|
2018-02-07 |
| 268 |
Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets |
Freedom of Speech;
Intelligence |
Amendment I |
2018-02-06 |
| 269 |
Clean Water Rule Challenges Must Begin in Federal District Courts, Supreme Court Holds |
Supreme Court |
Article III |
2018-01-31 |
| 270 |
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 |
| 271 |
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 |
| 272 |
Amateur Strip-Club Arrests: Probable Cause & Qualified Immunity |
|
|
2018-01-24 |
| 273 |
Is Impossibility Preemption Impossible? Federal Drug Law and Preemption of State Tort Claims |
|
|
2018-01-19 |
| 274 |
NLRB Rejects Former Standards Following Appointment of New Members |
|
|
2018-01-18 |
| 275 |
Should Federal Law Restrict Where a Company May File Bankruptcy? |
Bankruptcy |
Article I |
2018-01-18 |
| 276 |
Will the Supreme Court Address States’ Power to Require that Retailers Tax Internet Sales? |
|
|
2018-01-16 |
| 277 |
Marbury v. Madison Returns! The Supreme Court Considers the Scope of “Judicial” Power |
|
|
2018-01-16 |
| 278 |
House Judiciary to Mark Up H.R. 4170, the Disclosing Foreign Influence Act |
|
|
2018-01-16 |
| 279 |
The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law |
|
|
2018-01-12 |
| 280 |
Who’s the Boss at the CFPB? |
Appointment and Removal Powers |
Article II |
2018-01-11 |
| 281 |
Attorney General’s Memorandum on Federal Marijuana Enforcement: Possible Impacts |
|
|
2018-01-10 |
| 282 |
Facing the FACT Act: Abortion and Free Speech (Part II) |
|
|
2018-01-10 |
| 283 |
Supreme Court to Hear Voter Roll Case: What Are the Implications? |
Elections and Voting Rights;
Supreme Court |
Article I |
2018-01-09 |
| 284 |
Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches |
|
|
2018-01-08 |
| 285 |
Smart Toys and the Children’s Online Privacy Protection Act of 1998 |
|
|
2018-01-08 |
| 286 |
EPA Proposes to Repeal the Clean Power Plan |
Administrative Agencies;
Executive Powers;
Federalism |
Article II |
2018-01-04 |
| 287 |
What Happens if H.R. 1 Conflicts with U.S. Tax Treaties? |
|
|
2017-12-19 |
| 288 |
The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases |
|
|
2017-12-18 |
| 289 |
Federal Procurement Law & Natural Disasters |
Commerce;
Contracts |
Article I |
2017-12-14 |
| 290 |
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 |
| 291 |
Suing Subway: When Does a Class Action Settlement Benefit Only the Lawyers? |
|
|
2017-12-12 |
| 292 |
Killing Endangered Species: What’s Reasonable Self-Defense? |
|
|
2017-11-29 |
| 293 |
Supreme Court Reiterates Congress’s Exclusive Role in Regulating Lower Federal Court Jurisdiction |
|
|
2017-11-29 |
| 294 |
Fibbing to Get a Lawyer: Circuits Split on Punishment |
|
|
2017-11-27 |
| 295 |
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part I) |
|
|
2017-11-27 |
| 296 |
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part II) |
|
|
2017-11-27 |
| 297 |
Joint Employment and the Save Local Business Act |
|
|
2017-11-15 |
| 298 |
The Latest Chapter in Insider Trading Law: Major Circuit Decision Expands Scope of Liability for Trading on a “Tip” |
|
|
2017-11-14 |
| 299 |
In Any Way, Shape, or Form? What Qualifies As “Any Court” under the Gun Control Act? |
|
|
2017-11-14 |
| 300 |
Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue |
|
|
2017-11-13 |
| 301 |
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 |
| 302 |
A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In |
|
|
2017-11-02 |
| 303 |
Federal Agencies Disagree Whether Sexual Orientation Discrimination Is Prohibited by Title VII |
|
|
2017-11-01 |
| 304 |
Out of Office: Vacancies, Acting Officers, and Day 301 |
Appointment and Removal Powers |
Article II |
2017-11-01 |
| 305 |
Hundreds of Equifax Data Breach Lawsuits Have Been Filed—What are their Chances? |
|
|
2017-11-01 |
| 306 |
Treasury Proposes Rule That Could Deliver a “Death Sentence” to Chinese Bank |
Commerce;
Due Process |
Article I;
Fifth Amendment;
Fourteenth Amendment |
2017-10-30 |
| 307 |
Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments |
|
|
2017-10-26 |
| 308 |
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 |
| 309 |
Down to a Science (and Technology): Tribe’s Patent Assignment Deals Extend to High-Tech Patents |
|
|
2017-10-19 |
| 310 |
Blowing the Whistle Indoors: Can Internal Whistleblowers Sue for Retaliation Under Dodd-Frank? |
Supreme Court;
Securities |
|
2017-10-19 |
| 311 |
When Silence Isn’t Golden: Omissions Liability under Securities Laws |
|
|
2017-10-17 |
| 312 |
Supreme Court to Address State Court Jurisdiction over Federal Securities Lawsuits |
|
|
2017-10-16 |
| 313 |
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 |
| 314 |
Supreme Court To Hear Partisan Gerrymandering Case On October 3 |
Elections and Voting Rights;
Supreme Court |
First Amendment;
Fourteenth Amendment |
2017-10-02 |
| 315 |
D.C. Circuit Rejects EPA’s Efforts to Ban Hydrofluorocarbons: Part 1 |
Administrative Agencies;
Commerce;
Executive Powers |
Article II |
2017-09-05 |
| 316 |
D.C. Circuit Rejects EPA’s Efforts to Ban Hydrofluorocarbons: Part 2 |
Administrative Agencies;
Commerce;
Executive Powers |
Article II |
2017-09-05 |
