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Illinois Supreme Court Debates Whether State FOIA Applies to State's Attorney's Offices

Based upon the oral argument during the recently-concluded January term, it is not clear what the Illinois Supreme Court is likely to decide in Nelson v. The Office of the Kendall County State's Attorney. Nelson raises a...more

Third Circuit Rejects New Jersey's Effort to Sanction Sports Wagering

Tony Soprano’s business is safe, for now — the Third Circuit recently invalidated New Jersey’s attempt to legalize sports wagering because it violated a federal law that prohibits most states from licensing such activities....more

Constitutional Amendment Proposes to Exempt Public Records Act and Brown Act Mandates from Reimbursement

Amendment Subject to a Vote of the People in June 2014 - In accordance with the procedures for amendment of the California Constitution, two-thirds of each house of the State Legislature has approved Senate...more

U.S. Supreme Court Roundup - National Conference of State Legislatures Legislative Summit – August 2013

The U.S. Supreme Court's recent term included decisions in several cases with implications on states and states' rights. This presentation included the court's review and opinions handed down for the following cases. -...more

Alabama Firearm Act of 2013

The Alabama Firearms Act of 2013 was signed by Gov. Bentley in May, 2013, thus the effective date should be (at the latest) 08/01/2013. This long overdue law changed Alabama's system of issuing concealed carry weapon's...more

Konczal: Dodd-Frank Reforms Get Roughed Up in Court [Video]

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

Employment Law Blog: The Continuing Saga of the NLRB Recess Appointments and Fallout

On January 25, 2013, the United States Court of Appeals for the D.C. Circuit published an opinion in Noel Canning v. National Relations Board, Case No. 12-1115. The case arose out of a dispute between employer Noel Canning, a...more

NY Statewide Coalition of Hispanic Chambers of Commerce, et. al. v. NYC Dept. of Health

Analysis: NYC "Nanny State" Soda Ban Enjoined

Even the best laid plans of "nanny state" policy must pass constitutional muster. Hon. Milton Tingling enjoined New York City from instituting the now-famous sugar sweetened beverage ban that Mayor Bloomberg has touted...more

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

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

DC Circuit Court of Appeals Throws Out Recess Appointments to the NLRB

In a stunning rebuke to President Obama, the District of Columbia Circuit Court of Appeals declared the President’s recess appointments to the National Labor Relations Board as unconstitutional. The ruling could have...more

Canning v. National Labor Relations Board

Obama NLRB Recess Appointments Unconstitutional (Text Copy)

Full text copy of the District of Columbia Court of Appeals ruling in Canning v. National Labor Relations Board, which found President Obama’s recess appointments of three members to the NLRB in January 2012 to be...more

D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

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

Are the CFPB and Richard Cordray’s appointment Constitutional?

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

Update on INTERPOL's Red Notice for TCI's Michael Misick: Part 2

In the last post, I addressed the latest events in the case of Michael Misick, former Premier of Turks and Caicos Islands (TCI). Today's post is a continuation of that discussion and an update of a related post from earlier...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

Supreme Court’s Next FCA Whistleblower Case?

Imagine you own a company that does business with a federal agency. The company’s contract with the agency specifies that the company will deliver widgets of a particular quality....more

Does The Victims Of Corporate Fraud Compensation Fund Deny Due Process?

In notorious defiance of the California Constitution, the legislature in 2002 established the Victims of Corporate Fraud Compensation Fund. See Victims of Corporate Fraud. The purpose of the fund is to provide ”restitution to...more

City of Arlington v. FCC

Brief Of Amici Curiae CATO Institute, Professors Jonathan H. Adler, Roederick M. Hills, Jr., James Huffman, Daniel A. Lyons,...

Should federal agencies be allowed to determine the limits of their own authority, or are the courts responsible for ensuring that agencies do not exceed the authority given to them by Congress? This important question is...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

Measure Creates New Borrowing Authority for Additional Economic Development Funding

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

State AGs Challenge Legality of New Dodd-Frank Regulatory Group

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

Labor Letter, October 2012: Political Speech At Work

With the election just a month away, everyone seems to have strong opinions about the candidates and issues. Inevitably, these opinions will come up during conversations on the jobsite and can be disruptive and interfere with...more

Redevelopment: Rising From The Ashes Or Final Death Rattle?

Two cases filed in Sacramento County, City of Cerritos v. State of California and Syncora Guarantee Inc. v. State of California, have challenged the constitutionality of AB 1X 26, the 2011 bill that provided for the...more

State AGs join lawsuit challenging constitutionality of CFPB

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

NLRB Bargaining Orders and Arizona Law

The Gissel Doctrine - It is well-established, under federal labor law, that the National Labor Relations Board (NLRB) may order an employer to recognize and bargain with a labor union, as the exclusive representative...more

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