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Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Committee Deadlines Set - While it seems just a few weeks ago that committees were...more

Presidential Memorandum Outlines Privacy Guidelines For Domestic Federal Use Of Drones

In a recently issued Presidential Memorandum, President Obama included privacy guidelines for the federal government’s use of unmanned aircraft systems (“UAS”) in the United States. Issued on February 15, 2015, and...more

FMLA To Cover Legally Married Same-Sex Spouses Beginning Next Week: What This Means For Employers

Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expand coverage to legally married same-sex spouses, even if the employee lives in a state that does...more

Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more

Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence

March 3, 2015 Authors: Jean L. Schmidt The U.S. Department of Labor (DOL) has issued a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act (FMLA) to ensure that same-sex married...more

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains

Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the...more

U.S. v. Ganias: Second Circuit Limits Government’s Ability to Use Electronic Material Seized Beyond Scope of Warrant for Different...

In a recent decision that provides important guidance in the developing law related to government seizure of electronic records in criminal investigations, on June 17, 2014, the United States Court of Appeals for the Second...more

Newsletters - Feb 28, 2014: The Elevator Speech Overview

The U.S. House and Senate were both in session this past week, returning from a week long work period in district. The National Governors Association (NGA) met in Washington DC for their annual winter meeting, discussing...more

U.S. Department of Labor Updates FMLA Guidance About Who Is A “Spouse” Following Supreme Court Ruling

The U.S. Supreme Court’s decision in United States v. Windsor, No. 12-307 (U.S. June 26, 2013) is causing various federal agencies to clarify existing regulations and guidance, including the U.S. Department of Labor (DOL). In...more

Supreme Court Certiorari Denial Allows Circuit Split Regarding Retroactivity of the 2009 False Claims Act Amendments to Remain

On June 24, 2013, the Supreme Court denied certiorari to review the Sixth Circuit’s November 2012 decision in United States ex rel. Sanders v. Allison Engine Co. This allows a significant circuit split over the retroactive...more

Mortgagee and Mortgagor Standing and the Servicemembers’ Civil Relief Act

The Massachusetts Supreme Judicial Court, in HSBC Bank USA, N.A., Trustee v. Jodi B. Matt, No. 11101 (Jan. 14, 2013), recently clarified the issue of standing for both plaintiffs and defendants in actions under the...more

Was this week the beginning of the end for DOMA?

Hi there, This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s...more

Legal Index: Citizenship Under The United States Constitution

This legal index is a guide to citizenship under the United States Constitution since the adoption of the Fourteenth Amendment. Each entry, being a legal topic, is supplemented with legal authority, which is quoted, cited,...more

See for yourself, Two citizens in the country of the United States

In this article, it is shown that there is in the country of the United States two citizens; a citizen of the United States and a citizen of a State who is not a citizen of the United States using the waters that surround...more

See for yourself, A citizen of a State under Article IV, Section 2, Clause 1 of the Constitution

The case of Dred Scoot v. Sanford (60 U.S. 393, 1856) was meant to be a federal question case. However, it became a diversity of citizenship case when Dred Scott's citizenship was challenged. The Supreme Court...more

Political Question Doctrine Requires Dismissal of Wrongful Death Suit Against Government Contractor in Iraq

Earlier this month, in a lengthy and well reasoned opinion, a federal trial court relied on the Political Question Doctrine in dismissing a wrongful death action against a military contractor. In Harris v. Kellogg, Brown &...more

Splintered Supreme Court Shoots Down Stolen Valor Act Under First Amendment

Originally published in The United States Law Week, 81 U.S.L.W. 9, 07/03/2012. Copyright 2012 by The Bureau of National Affairs, Inc. Lies about having received military awards may be speech protected by the First...more

2012 Florida Legislation Amending Florida Growth Management Laws Including 2011 Florida Community Planning Act

Last December, we wrote on the constitutional challenge made by the Town of Yankeetown, Florida, to portions of the Florida Community Planning Act with the resulting settlement which included proposed legislation that would...more

There are Two Nationalities for the Nation of the United States

Discover that since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, who is not a citizen of the several States (united) and a citizen of the several States...more

Blunders of the Supreme Court of the United States, Part 8

The eighth in a series on blunders made by the Supreme Court of the United States. In this article the case of Cramer v. United States (325 U.S. 1, 1945) is reviewed. The blunder made is that the United States Supreme...more

For Purposes of International Law there are Two citizens in the country of the United States

William Bennett Munro, Professor of Municipal Government at Harvard University, in his work "The Government of the United States: National, State, and Local" (1919) writes at page 73: “So far as the rules of international...more

Jackson Walker VIA Media Postcard - March 2012

In This Issue: - Steve Fogle's Feature Valor Cannot Be Stolen – In an upcoming "stolen valor" case, the U.S. Supreme Court will have to decide if it is unconstitutional to punish someone for claiming false military...more

All You Need To Know About A Citizen Of A State Who Is Not A Citizen Of The United States

Since the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, and a citizen of a State who is not a citizen of the United States. A citizen of the United States is...more

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