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Will the Tennessee General Assembly Continue to tell the Judiciary to Put Up or Shut Up?

On October 26, 2015, the Tennessee Supreme Court returned the state’s summary judgment standard to normalcy and also gave the Tennessee General Assembly a little more room to invade the judiciary. In Rye v. Women’s Care...more

The Florida Legislature’s Need to Control – the Daubert Rule

This is in response to the article in the Daily Business Review, Opponents of New Expert Witness Rule Rely on Outdated Authority [COMMENTARY] by Christopher Johnson, Daily Business Review. This recent article claims that...more

Morgan Lewis Partner Suet-Fern Lee on the Rule of Law [Video]

Suet-Fern Lee, Managing Partner of Morgan Lewis's Singapore office, talks about the relationship between rule of law and economic progress....more

Pennsylvania Federal Court Strikes Down Ordinance Banning Disposal of Wastewater as Unconstitutional

In Pennsylvania General Energy Co. L.L.C. v. Grant Township, Magistrate Judge Susan P. Baxter of the United States District Court for the Western District of Pennsylvania, in an unpublished opinion, held that several...more

Federal District Court Strikes Down Law That Bans Ballot Selfies

The U.S. District Court for the District of New Hampshire recently struck down on First Amendment grounds a 2014 amendment to New Hampshire Revised Statute 659:35 that made it illegal for New Hampshire voters to post pictures...more

NLRB v. The Constitution: Constitution Wins

In early 1999, the Venetian Casino Resort in Las Vegas asked police officers to remove union protesters from a temporary walkway in front of the Venetian — a walkway the Venetian built on its property in exchange for the...more

Irrigation District Sues, Says State Board Lacks Jurisdiction to Curtail Senior Water Rights

On June 26, the Byron-Bethany Irrigation District (BBID) filed a petition for writ of mandate in Contra Costa County Superior Court requesting that the Court set aside the State Water Resources Control Board’s June 12, 2015...more

Catching-Up On House Judiciary Committee’s Revised Innovation Act

Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved...more

Supreme Court Decides Zivotofsky v. Kerry

On June 8, 2015, the U.S. Supreme Court decided Zivotofsky v. Kerry, No. 13-628, holding that the President of the United States has the exclusive power to grant formal recognition to a foreign sovereign. ...more

Appellate Court Confirms that Convicted Felon Cannot Run for School Board Seat

On May 13, 2015, the Illinois Appellate Court’s First District held that the former Board President of an Illinois high school district’s Board of Education was ineligible to fill a vacancy on the board following his previous...more

Illinois Supreme Court Rules Pension Reform Unconstitutional

On Friday, the Illinois Supreme Court ruled that pension reform legislation passed in 2013, commonly referred to as Senate Bill 1, violates the pension protection clause of the Illinois Constitution. The Court upheld a...more

Supreme Court Decides Williams-Yulee v. Florida Bar

On April 29, 2015, the U.S. Supreme Court decided Williams-Yulee v. Florida Bar. The Court held that the First Amendment permits States to restrict judicial candidates’ speech by prohibiting them from personally soliciting...more

Will Alabama Honor Your Choice of Law Provisions?

Amendment 884 calls into question the validity and enforceability of the choice of law provisions in contracts brought before Alabama courts. In November of 2014, Alabama voters ratified Amendment 884 to the Alabama...more

Multiple Legal Briefs Defending The President’s Executive Actions Filed

On Monday, multiple amicus briefs were filed with the Fifth Circuit Court of Appeals in the case of State of Texas v. United States. As way of background, a coalition of 26 states, including the State of Texas, sued the U.S....more

Supreme Court’s Alabama Ruling Sets The Stage For Arizona’s Next Redistricting Battle

The U.S. Supreme Court last week reversed a federal three-judge panel in Alabama that upheld the state’s legislative district map against a racial gerrymandering challenge. Alabama Legislative Black Caucus v. Alabama...more

Gaming Legal News: Volume 8, Number 5: North Fork Tribe Sues State For Compact In Latest Chapter Of Gaming Saga

By the summer of 2014, it appeared that the North Fork Rancheria of Mono Indians of California had finally made it over the last hurdle to begin construction of a Class III casino with 2,000 slot machines and 40 gaming tables...more

Supreme Court Update: Alabama Legislative Black Caucus v. Alabama (13-895), Young v. United Parcel Service, Inc. (12-1226) And...

We're back with summaries of the two remaining decisions from last week, Alabama Legislative Black Caucus v. Alabama (13-895), on racial gerrymandering in Alabama, and Young v. United Parcel Service, Inc. (12-1226),...more

Supreme Court Remands Alabama Voting Rights Case

Last week, in Alabama Legislative Black Caucus v. Alabama, the Supreme Court issued an important opinion in the field of voting rights jurisprudence. The question presented to the Court was whether the Alabama legislature’s...more

Supreme Court Decides Alabama Legislative Black Caucus v. Alabama

On March 25, 2015, the U.S. Supreme Court decided Alabama Legislative Black Caucus v. Alabama, No. 13-895, holding that: 1) racial gerrymandering claims must be viewed on a district-by-district basis, rather than on a...more

What You Didn’t Say Can Be Used Against You in a Court of Law: Perceived Speech is Not Protected Speech

What some might charitably consider a loophole in First Amendment protections of public employees received deferential treatment recently by the Third Circuit. ...more

Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Tuesday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions....more

Supreme Court Decides Dept. of Transportation et al v. Ass'n of Am. Railroads

On March 9, 2015, the Supreme Court decided Dept. of Transportation et al v. Ass’n of Am. Railroads No. 13-1080, holding that, based on the federal government’s control and supervision of Amtrak, Amtrak may act as a...more

King v. Burwell: What to Expect From the Supreme Court Argument

On Wednesday, March 4, 2015, the Supreme Court of the United States will hear argument in King v. Burwell, a case involving premium tax credits under the Affordable Care Act (ACA). Among its many provisions, the ACA includes...more

Temporary Injunction Issued Against DAPA And Expanded DACA

Judge Andrew Hanen, a federal judge in South Texas, temporarily blocked President Obama’s executive actions on immigration this past Monday, February 16. The lawsuit was brought by 26 states and Judge Hanen ruled that the...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

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