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A More Perfect Union: Why Punish Russia for Crimea? [Video]

Mar. 25, 2014 -- Robert Blecker, constitutional history professor at New York Law School and author of The Death of Punishment, talks about Crimea's recent secession from Ukraine and subsequent annexation by Russia. Blecker...more

IRS Fighting Hard to Avoid Tea Party Class Action Claims

The IRS recently filed a motion to dismiss class action claims brought by Tea Party groups. In NorCal Tea Party Patriots, et. al. v. IRS, et. al., S.D. Ohio, Case No. 1:13-cv-00341, Tea Party groups asserted that the IRS...more

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

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Florida Supreme Court Compels Legislator Depositions in Redistricting Case

On December 13, 2013, the Florida Supreme Court decided that Florida legislators and legislative staff members can be forced to give deposition testimony and produce documents relating to legislation establishing new...more

Hold Your Bets: Third Circuit Rejects Sports Betting Law

The four major professional sports leagues and the NCAA (the leagues) scored a significant victory in September in their ongoing lawsuit to prevent legalized gambling in the state of New Jersey. In a 2–1 decision, the U.S....more

State & Local Tax Alert: Alabama Edition - December 20th, 2013

On December 16, 2013, the Council On State Taxation (COST) released its fifth edition of the COST Due Process Scorecard on Tax Appeals and Procedural Requirements. For the second time in as many scorecards, Alabama ranked in...more

Noel Canning Implications Of Mandatory Bargaining Of Discretionary Discipline

In January, the Supreme Court will hear oral arguments on NLRB v. Noel Canning. Over 700 cases could potentially be impacted with the Court's decision. Though Noel Canning deals with somewhat esoteric questions—whether the...more

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the...more

The Senate Goes to the Supreme Court

The Supreme Court of Canada begins three days of hearings today into the federal government’s proposed amendments to the election and term limits of Senators. The federal government has, since it was first elected, attempted...more

D.C. federal court dismisses Morgan Drexen lawsuit against CFPB

A Washington, D.C. federal district court has dismissed the lawsuit filed by Morgan Drexen against the CFPB that alleged the Bureau’s structure was unconstitutional because it violated the Constitution’s separation of powers....more

“Alleged Clothes,” “Things of Value,” and “Recess Appointments”: What’s In “Store” In The New Supreme Court Term

Last week started the 2013-2014 Term at the Supreme Court of the United States. While the hot issues last year were DOMA, Title VII (Vance v. Ball State University and University of Texas Southwestern Medical Center v....more

Taxpayer Settlement Agreement Waives Future Claims and Judicially Estops Contradictory Claims

After challenging a 1991 Utility User Tax, taxpayers negotiated a monetary settlement agreement with Los Angeles County. The settlement agreement also provided for an election to validate the tax. After the election, a...more

The Supreme Court’s 2013-2014 Term

The Supreme Court’s 2013-2014 term opened yesterday. In this term, the Court will hear and decide a number of cases affecting employers, including two key cases focusing on labor-management relations. ...more

Governor Brown Vetoes Eminent Domain Bill, But I'm Not Sure Why

Earlier this week, Governor Brown vetoed AB 374, a bill to amend Code of Civil Procedure section 1263.510, the statute governing recovery of loss of business goodwill in an eminent domain case. But it's not the veto that...more

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to...more

Free Speech Protection for Facebook "Likes" by Public Employees

Last week, in Bland v. Roberts, the U.S. Court of Appeals for the Fourth Circuit handed a constitutional victory to Facebook and two plaintiffs who lost their jobs after displaying online support for the incumbent’s opponent...more

First Thoughts: Live-(Nearly)-Blogging the Oral Argument in Kanerva

This morning, a seemingly skeptical Illinois Supreme Court appeared ready to side with the State in a dispute over 2012 amendments to the State Employee Group Insurance Act. Several Justices peppered the two attorneys...more

Opening Salvo

The NLRB has filed its opening Supreme Court brief in the Noel Canning case, in which the validity of the President’s January, 2012 recess appointments of former, putative NLRB members Richard Griffin and Sharon Block are at...more

New York City Appellate Division Upholds Dismissal Of Soda Ban

Mayor Bloomberg’s crusade to ban the sale of large-sized sodas and other sugary beverages has come to an end since a New York Appellate Division recently ruled to uphold a lower court ruling blocking legislation proposed by...more

The NLRB Creates A New Defense

A federal district court in Washington has struck down an NLRB petition for a Section 10(j) injunction because the NLRB lacked a valid quorum at the time the petition was authorized. In Hooks v. Kitsap Tenant Support...more

The Renewable Resources Coalition Case: Pleading Around California’s Anti-SLAPP Statute

The California Court of Appeal’s recent decision in Renewable Resources Coalition, Inc. v. Pebble Mines Corporation, et al., 218 Cal.App.4th 384 (July 20, 2013), illustrates perfectly the importance of careful drafting of...more

CFPB moves to dismiss Morgan Drexen’s D.C. lawsuit; Morgan Drexen moves to enjoin CFPB’s CA action

In response to the motion for summary judgment filed by Morgan Drexen in its Washington, D.C. lawsuit against the CFPB, the CFPB has filed a motion to dismiss. After it was sued by Morgan Drexen, the CFPB filed an enforcement...more

Federal District Court First to Rule “Acting” General Counsel Lafe Solomon’s Appointment Invalid

In a decision that is likely to generate numerous questions and perhaps some confusion, a federal district court judge in the U.S. District Court for the Western District of Washington issued an order on August 13 that found...more

Court Rules Voter Initiative Cannot Force Water District to Set Rates Below Level Mandated by State Statute - Water Districts Must...

In Mission Springs Water District v. Verjil, a California appellate court invalidated voter initiatives that had proposed to reduce a water district’s recently adopted rate increases and limit the amount the district could...more

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