Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Cameras on Cops
A Moment of Simple Justice - Ferguson
A Moment of Simple Justice - Revenge Porn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now
A More Perfect Union: Why Punish Russia for Crimea?
Jail Time for Revenge Porn Offenses?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
Did the Supreme Court legalize same-sex marriage?
On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and...more
In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more
Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more
A lawsuit filed by a Litchfield Jewish organization has been reinstated, giving the group new hopes it will ultimately win approval to build a 20,000-square-foot synagogue and community center near the historic...more
The plaintiffs in Wisconsin’s Voter ID case yesterday filed an emergency application with Justice Kagan, the Circuit Justice assigned to the Seventh Circuit, seeking an order vacating the Seventh Circuit’s September 12 stay...more
On September 19, 2014, the Second Circuit issued its decision in Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield (2d Cir. 2014), reversing the lower court’s entry of summary judgment in favor of the...more
The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more
In Wendy Thomas, et al v. County of Riverside, et al, the Ninth Circuit considered whether the District Court properly granted summary judgment of an employee’s First Amendment retaliation claim in favor of the employer....more
The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more
Recall the year 1868 and §1 of the Fourteenth Amendment of the United States Constitution: “All persons born and naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and...more
WE, the people of Pennsylvania, have been governed by five different iterations of the state constitution since December 12, 1787, the day of our statehood. Each of those versions is the product of a state constitutional...more
Homo sapiens is fired for teaching about homophones (and his sister is a known thespian rumored to have dramaturgical aspirations). A teacher at a private language school in Utah says that he was fired by the director for...more
For a second time, the Fifth Circuit dismissed Abigail Fisher’s claim against the University of Texas at Austin (the “University”), holding that the University’s admissions policy, including the use of race as a factor,...more
Earlier this week, in Fisher v. University of Texas, a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of the undergraduate admissions program at the University of Texas at...more
On June 25, 2014, the CFPB issued guidance setting forth basic principles on the issue of equal treatment for legally-married same-sex couples. The CFPB noted that this guidance was issued in response to the decision in...more
On June 20, 2014, the U.S. Department of Labor (“DOL”) issued a notice of proposed rulemaking regarding the definition of “spouse” under the Family and Medical Leave Act (“FMLA”). If adopted, employees in same-sex marriages...more
In This Issue:
- NLRB Recess Appointments Unconstitutional
- SEC Brings First-Ever Employment Retaliation Claim
- EEOC Challenges Employer Severance Agreements
- New York State Transportation Industry...more
On June 30, 2014, same-sex domestic partnerships registered with the Washington Secretary of State will automatically convert to lawful marriages, unless one of the partners is age 62 or older, or the domestic partners have...more
Last week, the U.S. Supreme Court unanimously held that a public employee cannot be retaliated against by his employer based on testimony provided by him under subpoena in a criminal proceeding. In Lane v. Franks, the...more
As was expected, the U.S. Department of Labor has issued a proposed regulation changing the definition of “spouse” for FMLA purposes in order to protect the FMLA rights of employees with same-sex spouses.
Last June, the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act (“DOMA”) as unconstitutional in United States v. Windsor, 570 U.S. 12 (2013). The Supremes ruled that section 3 of DOMA...more
The U.S. Supreme Court continued its decade-long interest in the role of affirmative action in the higher education admissions process, and decided to uphold a state law banning the practice. In Schuette v. Coalition to...more
U.S. Supreme Court Makes Unanimous Ruling in Lane v. Franks -
The First Amendment protects a public employee from adverse employment action taken in retaliation for providing truthful sworn testimony, compelled by...more
Last week the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014). Central Alabama Community...more
Eight years ago the United States Supreme Court, in Garcetti v. Ceballos, instructed that speech undertaken pursuant to a public employee’s job duties is “employee” speech and not “citizen” speech, and hence is not protected...more
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