Administrative Agency Constitutional Law Elections & Politics

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Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

Judge Berman Deflates SEC’s ALJ Appointment Process

United States District Court Judge Richard M. Berman of the Southern District of New York has been making headlines in recent weeks as he presides over the highly publicized case between the National Football League (“NFL”)...more

Supreme Court Update: Michigan V. EPA (14-47) And Arizona State Legislature V. Arizona Independent Redistricting Comm'n (13-1314)

The last day of school is always anticlimactic, with finals done and yearbooks already signed. That may have described the atmosphere on First Street yesterday, but make no mistake: The Court ended October Term 2014 term with...more

California Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2015)

Regulatory Updates - GO-Biz Rolls Out First Awards of 2015 For fiscal year 2015, the Governor’s Office of Business and Economic Development (“GO-Biz”) is authorized to award $151.1 million in California Competes Tax...more

NJ Businesses and Lawmakers Continue Debate over Municipal Sick Leave Laws

Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey. To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic,...more

Federal Judge Enjoins President’s Immigration Action

On Monday, February 16th, a federal judge in Texas ruled in favor of the state of Texas and 25 other states to halt President Obama’s executive action on immigration, which was announced in November 2014. HRLegalist...more

"2014-15 Supreme Court Highlights"

Approaching the midpoint of its 2014-15 term, the Supreme Court has added to its docket several cases with potentially wide-reaching implications for a range of important policy and business issues. The Court accepted for...more

2015 Texas Legislative Session Includes Twin Bills Concerning Municipal Fracking Bans

With the opening of the 84th Session of the Texas Legislature on January 13, 2015, two of the more closely watched bills in the energy arena will be House Bill 539 (HB539) and House Bill 540 (HB540). HB539, filed on December...more

17 States Sue Over President Obama’s Immigration Order

On December 3rd, seventeen states sued the U.S. in a Texas federal court over President Barack Obama’s executive order on immigration. The states claim the President’s order is an unconstitutional exercise of power and seek...more

The NLRB Does It Again!

The National Labor Relations Board (NLRB) recently ratified all the decisions made by the NLRB, including those made in administrative and personnel matters, during the period of time when it did not have a proper quorum....more

Congress Considers Transportation Appropriations Provisions, Other Legislation Impacting Aviation

On Capitol Hill, legislators are working to pass a Transportation Appropriations bill that will fund aviation programs during the 2015 fiscal year. As part of the appropriations process, members of the House and Senate are...more

Weekly Update

This week the Senate acted on several big matters, attended a funeral for Senator Harris Blake and perhaps ended up at the U.S. Open. The House was focused on its budget....more

State Constitution Now Requires Local Agencies to Follow Brown and Public Records Acts - Whether or Not State Reimburses...

Voters Pass Proposition 42 and Create a Constitutional Amendment - California voters just approved Proposition 42, a state constitutional amendment to eliminate the requirement that the state reimburse costs incurred...more

Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute" [Video]

May 15, 2014 -- David Schoenbrod, professor at New York Law School, talks about the recent ruling at the United States Supreme Court preserving the Environmental Protection Agency's power to regulate power plant pollution...more

Town of Greece v. Galloway: U.S. Supreme Court Clarifies Law on Legislative Prayer and the Establishment Clause

Today, the Court handed down its ruling in Town of Greece. In a sweeping ruling, the Court upheld the local government’s religious invocations in a 5-4 decision. The ruling pretty dramatically and explicitly broadens the...more

Illinois Supreme Court Debates Whether State FOIA Applies to State's Attorney's Offices

Based upon the oral argument during the recently-concluded January term, it is not clear what the Illinois Supreme Court is likely to decide in Nelson v. The Office of the Kendall County State's Attorney. Nelson raises a...more

Third Circuit Rejects New Jersey's Effort to Sanction Sports Wagering

Tony Soprano’s business is safe, for now — the Third Circuit recently invalidated New Jersey’s attempt to legalize sports wagering because it violated a federal law that prohibits most states from licensing such activities....more

Constitutional Amendment Proposes to Exempt Public Records Act and Brown Act Mandates from Reimbursement

Amendment Subject to a Vote of the People in June 2014 - In accordance with the procedures for amendment of the California Constitution, two-thirds of each house of the State Legislature has approved Senate...more

U.S. Supreme Court Roundup - National Conference of State Legislatures Legislative Summit – August 2013

The U.S. Supreme Court's recent term included decisions in several cases with implications on states and states' rights. This presentation included the court's review and opinions handed down for the following cases. -...more

Alabama Firearm Act of 2013

The Alabama Firearms Act of 2013 was signed by Gov. Bentley in May, 2013, thus the effective date should be (at the latest) 08/01/2013. This long overdue law changed Alabama's system of issuing concealed carry weapon's...more

Konczal: Dodd-Frank Reforms Get Roughed Up in Court [Video]

April 11 (Bloomberg Law) -- Mike Konczal, fellow at the Roosevelt Institute and contributor to Bloomberg View, talks with Bloomberg Law's Lee Pacchia about how the implementation of the financial reform laws in Dodd-Frank...more

Employment Law Blog: The Continuing Saga of the NLRB Recess Appointments and Fallout

On January 25, 2013, the United States Court of Appeals for the D.C. Circuit published an opinion in Noel Canning v. National Relations Board, Case No. 12-1115. The case arose out of a dispute between employer Noel Canning, a...more

NY Statewide Coalition of Hispanic Chambers of Commerce, et. al. v. NYC Dept. of Health

Analysis: NYC "Nanny State" Soda Ban Enjoined

Even the best laid plans of "nanny state" policy must pass constitutional muster. Hon. Milton Tingling enjoined New York City from instituting the now-famous sugar sweetened beverage ban that Mayor Bloomberg has touted...more

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama’s purported “recess appointments” to the NLRB last year are constitutionally invalid....more

DC Circuit Court of Appeals Throws Out Recess Appointments to the NLRB

In a stunning rebuke to President Obama, the District of Columbia Circuit Court of Appeals declared the President’s recess appointments to the National Labor Relations Board as unconstitutional. The ruling could have...more

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