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Can An Employer Force Out An Employee For Unpopular Political Views: The Brendan Eich Story

Brendan Eich resigned his post as CEO of Mozilla, a California-based company, in early April after just 14 days on the job. The reason for his sudden departure and short tenure? It became public that in 2008, Eich...more

A More Perfect Union: Why Punish Russia for Crimea? [Video]

Mar. 25, 2014 -- Robert Blecker, constitutional history professor at New York Law School and author of The Death of Punishment, talks about Crimea's recent secession from Ukraine and subsequent annexation by Russia. Blecker...more

Is Punishment Dead in America? [Video]

Feb. 25, 2014 -- New York Law School Professor Robert Blecker discusses his new book entitled "The Death of Punishment: Searching for Justice among the Worst of the Worst." Harvard Law School's Laurence Tribe called the book...more

Court is (Still) in Session: Updates On Three Key Employment Cases Pending Before the United States Supreme Court

Back on October 8, 2013, we highlighted three cases currently pending on the United States Supreme Court docket that employers will definitely want to follow. The cases address issues ranging from the proper interpretation of...more

Preservation Of Hard Won Voting Rights Is A Timely Pro Bono Mission

Recently, I was going through boxes while cleaning out my mother's house when I found something that was at once a historical relic and a timely reminder that the more things change, the more they stay the same - it was her...more

Legislative Update: Senate Moves To Approve The Employment Non-Discrimination Act

On November 4, the United States Senate in a 61-30 vote moved to continue debate on the passage of the Employment Non-Discrimination Act (“ENDA” or the “Act”). The ENDA seeks to ban workplace bias against individuals based on...more

Election Day Consideration: Legal Risks Associated with a Politically Contentious Workplace

This year voters go to the polls to elect governors in Virginia and New Jersey, mayors in New York City, Boston, Detroit and other municipalities, and decide on a host of ballot issues across the country. With all of the...more

The Supreme Court’s 2013-2014 Term

The Supreme Court’s 2013-2014 term opened yesterday. In this term, the Court will hear and decide a number of cases affecting employers, including two key cases focusing on labor-management relations. ...more

Kostick v. Nago

Jurisdictional Statement

Hawaii's 2012 Reapportionment Plan "extracted" 108,767 residents -- nearly 8% of the total population -- and did not count them as Hawaii "permanent residents." It excluded these people from the body politic: (1) active...more

New Jersey Superior Court Rules That Same-Sex Marriages Must Be Allowed

In a landmark decision entered on September 27, 2013, Mercer County Superior Court Judge Mary Jacobson ordered the State of New Jersey to allow same-sex marriages as of October 21, 2013. Based on indications from New Jersey...more

Testing Hypotheses at the basis of medium-long term Projections of Health Care Expenditure

Testing Hypotheses at the basis of medium-long term Projections of Health Care Expenditure - The case of Italy The same methodology Oecd and Ecofin apply to project future trends of health care expenditue is here applied...more

Litigator turned terrorist leads shutdown of US government

What do you call it when an armed gunman puts a gun to the head of an airline pilot and says “take this plane where I want or everyone will die?” What do you call it when a foreign government stores its weapons arsenals next...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

US Attorney General Eric Holder’s Memorandum Outlining Proposed Changes to Federal Policy on Mandatory Drug Sentences (Full Text...

Full text copy of US Attorney General Eric Holder’s memorandum proposing changes to the mandatory minimum sentences in certain drug cases. From the Washington Post: “Attorney General Eric H. Holder Jr. announced … that...more

Floyd, et al. v. City of New York, et al.

Federal Court Ruling that the NYPD’s “Stop and Frisk” Program Violates the Fourth Amendment

Full text copy of Federal Judge Shira Scheindlin’s ruling that the New York City police department’s stop and frisk tactics violate the constitutional rights of minorities in the city. From the decision: “Based on the...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

FEC Clarifies Rules to Allow Same-Sex Married Couples the Same Rights as Heterosexual Married Couples

In response to the Supreme Court’s ruling in June 2013 striking down provisions of the Defense of Marriage Act (DOMA), the Federal Election Commission (FEC) has clarified that same-sex married couples are entitled to the same...more

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

Shelby County v. Holder Decision Has Broad Impact on Voting Rights Act Compliance

On June 25, 2013, the Supreme Court of the United States issued a landmark Voting Rights Act opinion that will impact all Texas governmental entities....more

Supreme Court Invalidates Voting Rights Act Formula: Arizona and Other Covered Jurisdictions Are No Longer Subject to the...

The United States Supreme Court (the Court) struck down part of the Voting Rights Act (the Act) this week, freeing nine states, including Arizona, and dozens of counties from federal oversight of their voting laws....more

U.S. Supreme Court Rules Defense of Marriage Act is Unconstitutional

Today, the U.S. Supreme Court ruled in a 5-4 vote that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. The decision in United States v. Windsor means that same-sex couples who are married under state law...more

Supreme Court Strikes down Voting Rights Act’s ‘Preclearance’ Formula

In a 5-4 decision, the Supreme Court held Section 4 of the Voting Rights Act of 1965 unconstitutional. Section 4 contained the legislative formula to determine which jurisdictions must get “preclearance” from the federal...more

Supreme Court Dismisses California's Proposition 8 Same-Sex Marriage Case

Sidestepping a highly divisive issue, the U.S. Supreme Court ruled yesterday that it lacked authority to decide on the merits whether an initiative passed by California voters limiting marriage to opposite gender couples...more

Supreme Court Rules DOMA Is Out, Same-Sex Marriages Are Legal

As the 2012 term of the U. S. Supreme Court comes to a close, the Justices left the most politically and emotionally charged decisions for last. On June 26, 2013, the Court handed down its decision striking down the federal...more

U.S. Supreme Court Rules Federal Law Defining “Marriage” Is Unconstitutional

This morning, the Supreme Court of the United States issued its highly anticipated decision in United States v. Windsor, ruling that the Defense of Marriage Act (DOMA) is unconstitutional on equal protection grounds. With...more

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