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
As many are aware, BP entered into a Settlement Agreement to compensate citizens of areas surrounding the Gulf of Mexico for losses arising from the epic oil spill in 2010. There has been substantial litigation and appellate...more
In Voggenthaler v. Maryland Square LLC, 724 F.3d 1050 (9th Cir. 2013), the defendants argued that contamination that happened in Vegas, stayed in Vegas, and therefore the Commerce Clause barred the application of CERCLA. The...more
The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more
Liability based on property ownership under New Jersey’s Spill Compensation and Control Act (“Spill Act”) and its impact on condemnation cost recovery suits were the subject of an interesting decision last month in New...more
2012 is shaping up to be the Year of the Commerce Clause. Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a...more
Courts have traditionally construed federal jurisdiction of environmental statutes expansively, consistent with their remedial intent. However, recent opinions in Voggenthaler v. Maryland Square, LLC, Case 2:08-cv-1618 (D....more
Amicus Curiae Brief on the Merits:
"Such a standardless exercise is not jurisprudential.
Instead, it transforms courts across the United States
into regulatory agencies, requires them to devise ad
hoc standards for each...more
The Brief urges review of the California Supreme Court's ruling allowing public authorities to use contingent fee counsel to prosecute public nuisance cases. It asserts that granting private counsel financial interests in...more
This comment discusses Connecticut v. American Electric Power Co. (“AEP”), in which the Court of Appeals for the Second Circuit announced that the federal common law of nuisance could potentially provide the basis...more
An important decision has upheld the government’s power to order private parties to take expensive cleanup actions with little ability to challenge the order until after completing the work. On June 29, 2010, the U.S. Court...more
Millions fight to save Nevada's people and land from nuclear waste. The Yucca Mountain Project has gone from bad to ugly, and now involves a number of law suits involving federal, state and tribal sovereignty over Yucca...more
A unanimous Supreme Court has removed any doubt about a private party's right to sue for environmental response costs under the federal Superfund. In U.S. v. Atlantic Research Corporation, Case No. 06-562, the Court addressed...more
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