Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Can You Patent Human Genes? ACLU Says No
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Journalist Who Changed How SCOTUS Is Covered
Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Viewer's Guide to Gay Marriage Oral Arguments
Why Did Godzilla & James Bond Need Congress' Protection?
Justices Kagan & Sotomayor Do 180s On Video At High Court
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Newsbreak: Your Rights
Newsbreak: Sexual Predators on Facebook and More
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
What Next for the NLRB?
Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
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
On January 24, a Joint Powers Authority established by San Bernardino County decided not to pursue a proposal under which the County would use eminent domain power to seize underwater mortgages from private trusts and provide...more
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
Given how much publicity the proposal to condemn underwater mortgages received when it first appeared last summer, I suppose it's not surprising that San Bernardino's decision last week not to move forward has also garnered a...more
For the better part of a year, we've been writing about the controversial proposal to use the power of eminent domain to condemn underwater mortgages, allowing homeowners to have a new loan that better reflects the underlying...more
Earlier today, we reported on the panel discussion of the lawsuit filed by State National Bank of Big Spring that took place at the ABA Committee on Consumer Financial Services in Naples, Florida during a session entitled...more
The programming at the ABA Consumer Financial Services Committee meeting included an excellent panel discussion addressing whether the creation of the CFPB and the appointment of Director Richard Cordray were Constitutional....more
The California Public Employees’ Retirement System began lending securities in the early 1980s. Since the early 1990s, CalPERS has used the Master Securities Loan Agreement (MSLA) originally developed by the former Bond...more
Earlier this week, we wrote about Charvat v. First National Bank of Wahoo, a case pending before the Eighth Circuit that raises the question whether a plaintiff has Article III standing to sue for an alleged statutory...more
The CFPB has filed a motion to dismiss in State National Bank of Big Spring, Texas, et al. v. Geithner, et al., the case currently pending in federal district court in Washington, D.C. that includes a challenge to President...more
By a resounding 69% affirmative vote, Alabamians approved a measure that amends an existing Alabama Constitutional Amendment to allow the State to issue general obligation bonds to finance economic development incentives. ...more
Two U.S. Supreme Court cases long ago confirmed that Social Security is an unfunded federal welfare program. One writer at the Wall Street Journal has apparently yet to get the message. ...more
Below is a complete text-version of the attached -- Mass. Treasurer Steven Grossman's Letter to Sen. Reid and Sen. Kyl objecting to the Draft iGaming Prohibition Bill expected to be dropped during the Lame Duck session of...more
On October 10, 2012, the U.S. Chamber of Commerce and three industry groups filed suit against the Securities and Exchange Commission in federal court in Washington, D.C., seeking to overturn the recently-promulgated SEC rule...more
Three states have joined a lawsuit to challenge the constitutionality of the Financial Stability Oversight Council (FSOC), a Dodd-Frank-created regulatory body headed by the Treasury secretary. The panel, composed of top...more
The latest developments in the fight over the use of eminent domain to seize underwater mortgages in California and elsewhere have important implications for lenders nationwide.
The debate over the use of eminent domain...more
On September 20, the Attorneys General (AGs) of Michigan, Oklahoma, and South Carolina joined an earlier-filed lawsuit in the U.S. District Court for the District of Columbia that challenges aspects of the Dodd-Frank Act,...more
Republican state Attorneys General from Oklahoma, South Carolina and Michigan have now joined the lawsuit that was filed this past June in federal court in Washington, D.C. challenging the constitutionality of Dodd-Frank....more
On August 8, the FHFA released a notice commenting on the potential use of eminent domain by localities to restructure mortgages for borrowers who are current but “underwater.” Several localities have stated publicly that...more
In this post, I wrote about a recent decision by the First District Court of Appeal declaring Financial Code Section 1327 unconstitutional on its face. Summit Bank v. Rogers, 2012 Cal. App. LEXIS 633 (May 29, 2012). That...more
It’s no secret that California has been hit harder than most states by the housing crisis. Just east of Los Angeles, the county of San Bernardino has cities with some of the highest foreclosure rates in the U.S.
On June 28, 2012, the Supreme Court ruled that the Affordable Care Act (ACA) is constitutional. In so ruling, the Supreme Court confirmed that Congress has the power to require healthcare coverage for 30...more
Local authorities from San Bernardino County in California and two of its cities have recently joined together to create a Joint Powers Authority (JPA) with the purpose of seizing and restructuring certain mortgages to help...more
For nearly two years, swap market participants have wanted to know how the Commodity Futures Trading Commission (CFTC) would interpret the extraterritorial reach of the Dodd-Frank Wall Street Reform and Consumer Protection...more
In November 2012, Florida will decide whether or not to amend the state constitution with proposed Amendment 4. As for what that might mean to individual Floridians as well as Florida business interests and those developing...more
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