Constitutional Law › Civil Rights › Administrative Law

DOES AUTHORITY EXIST FOR CRIMINAL PROSECUTION FOR VIOLATIONS OF BAIL LICENSING LAWS WITHOUT CERTIFICATION OF CRIMES BY THE...

California attorney Joseph Cavallo was convicted of violating Title 10, CCR section 2071, "recommendation of attorney by bail licensee". The authority to prosecute violations of the bail licensing regulations lies with the...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

Capper, Dir of National Intelligence, et al v. Amnesty International USA et al

SCOTUS Dismisses Federal Wiretapping Challenge

Full text copy of Supreme Court's dismissal of lawsuit challenging federal wiretapping program. On Tuesday, February 26, 2013, a divided Court dismissed a challenge to the FISA Amendments Act, which permits federal...more

In re Simon Shiao Tam

Ex Parte Appeal Brief of Simon Tam of the PTO's Refusal to Register THE SLANTS Trademark

From the Preliminary Statement: This is not yet another case of a member of an ethnic group seeking registration of a supposedly offensive slur on the ground that group members, or he in particular, have “embraced” the...more

Fenwick Employment Brief - January 2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

2013 CALIFORNIA LABOR & EMPLOYMENT LAWS – Part 1 of 4

Several important new laws affecting California employers will take effect this year. In this initial series of blog posts, we will provide a brief synopsis of these changes. For more information on how to remain compliant...more

Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction

A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on...more

LAW AND GOVERNANCE IN THE FACE OF PUBLIC PRESSURE : A perspective in the backdrop of public outrage over the New Delhi gang rape...

LAW AND GOVERNANCE IN THE FACE OF PUBLIC PRESSURE: A perspective in the backdrop of public outrage over the New Delhi gang rape incident The paper examines the possible consequences of an executive under public pressure to...more

True Believers at Work—Accommodating Religious Practices on the Job

An employee cannot work on Friday evenings or Saturdays because his religious beliefs forbid working on the Sabbath. Another employee objects to contributing to co-worker birthday celebrations or union dues on religious...more

FMLA Leave For Same-Sex Couples To Be Clarified by Supreme Court's DOMA Decision?

This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such...more

Trademark Registration Application for THE SLANTS

THE SLANTS Trademark Registration Application, Office Actions and Responses, plus Notice of Appeal

Can THE SLANTS be registered as a trademark? In fact, there are many trademark registrations for the word SLANT. But what if the person who wants to register the mark is Asian? According to the PTO, then the mark may not...more

Governor Brown Signs Bills Adding Protection for Religious Practices

Governor Brown recently signed two bills that are designed to combat religious discrimination. The Workplace Religious Freedom Act, AB 1964, amends the Government Code and will protect workers who wear turbans, hijabs, and...more

Labor & Employment E-Note - November 2012

In This Issue: - Hurricane Sandy Could Prompt Employers to Rethink Remote Working - Michigan Voters Reject Adding Union Rights to State Constitution - More Employers Using Lockouts to Gain Control - EEOC...more

AUDIT OF THE DRUG ENFORCEMENT ADMINISTRATION’S ADOPTIVE SEIZURE PROCESS AND STATUS OF RELATED EQUITABLE SHARING REQUESTS

EXECUTIVE SUMMARY of the OIG Report: During law enforcement operations, state and local law enforcement agencies often seize assets and proceeds from assets linked to criminal activity. The purpose of the seizures...more

New California Laws Address Religious Discrimination, Accommodation and Tolerance

In the wake of the tragic shooting in August at a Sikh Temple in Wisconsin and on the eve of the 11th anniversary of September 11th, California Governor Jerry Brown has signed two bills in California directly addressing...more

California Increases Protection of Religious Expression in the Workplace

Effective January 1, 2013, California employers will be required to accommodate their employees' religious dress and grooming practices. Governor Brown has signed into law the "Workplace Religious Freedom Act of 2012"...more

Employment Law Commentary -- Volume 24, No. 8 August 2012: Employment Practices After the EEOC’s Final Rule on Age Discrimination...

On March 30, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Final Rule on Disparate Impact and Reasonable Factors Other than Age (RFOA). This rule became effective on April 30, 2012. The Final Rule...more

Eikeland v. Silva

Plaintiff's Complaint for Writ of Mandamus, Declaratory, and Other Relief for Violation of Second Amendment Rights

The Stephen Hopkins Center for Civil Rights filed suit against the Newport Chief of Police seeking to vindicate the right of Newport resident David Eikeland to apply for a gun carry permit. "Law abiding citizens should...more

EEOC Issues Long-Awaited Final Rule on Bias Complaints Against Federal Agencies

In a recent Law360 article, the publication of the final rule revising the federal sector Equal Employment Opportunity Commission (EEOC) complaint process was announced. The revised rule, published in the Federal Register on...more

New Texas Law Would Prevent Millions from Voting

In an epic showdown that dates back to the 1960s civil rights era, Texas was in court the week of July 9 to defend its new voter identification law that the Department of Justice says does not pass muster under the Voting...more

Oppressive Arizona Immigration Law Struck Down by Supreme Court

The Supreme Court today overturned most of a controversial Arizona immigration law, but left in place a provision that allows local and state police to check a person’s immigration papers while making a stop or arrest for...more

Supreme Court Asked to Hear New Case Involving Disparate Impact Claims Under the Fair Housing Act

On June 11, the New Jersey Township of Mount Holly petitioned the U.S. Supreme Court to hear a case involving the use of disparate impact claims under the Fair Housing Act. Specifically, Mount Holly asks the Court to...more

EPIC Calls for Suspension of Homeland Security's "Risk-based" Profiling System

EPIC submitted comments to Customs and Border Protection, a component of the Department of Homeland Security, urging the agency to suspend the Automated Targeting System. Although the System was initially created to screen...more

Appeals Court Rules Defense of Marriage Act Unconstitutional

Institutionalized discrimination by Uncle Sam against the LGBT community is no more, says a federal court in Boston. The First Circuit Court of Appeals ruled today that the Defense of Marriage Act (DOMA), a 1996 law that...more

EEOC Sues Florida Firefighters Union Over Allegedly Discriminatory Test

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued the City of Jacksonville, Florida’s firefighters union for basing promotions on a written test that few black candidates have passed. The suit raises the...more