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Read need-to-know updates, commentary, and analysis on Elections & Politics issues written by leading professionals.

The Drone Privacy and Transparency Act of 2017: Overdue or Over-reaching?

On March 15, 2017, Senator Edward Markey (D-Mass.) and Representative Peter Welch (D-Vt.) introduced federal legislation entitled the Drone Privacy and Transparency Act of 2017. The proposed legislation seeks to address...more

Just When We Thought Measure 97 Was Dead—It May Be Back!

by Garvey Schubert Barer on

As I reported previously, Oregon Measure 97 was overwhelmingly defeated by voters in the state’s general election this past November. It certainly appeared that the voters spoke loudly and clearly on November 8, 2016, when...more

State of the States: Legislatures are off to the Races!

by Littler on

Most state legislatures are back in session, and they are poised to address a wide range of labor and employment issues this year. Since January 1, 2017, more than 500 employment-related bills have been proposed in more than...more

Third Circuit: Federal Law Did Not Commandeer States To Act in Violation of Constitution

Can the federal government at times and, in all places, commandeer the states to act in a certain way? “Commandeering” refers to a federal requirement that state officials enact, administer, or enforce a federal regulatory...more

Breaking News: Physical Presence Requirement Bill Introduced in Congress

by McDermott Will & Emery on

On July 14, 2016, Congressman Jim Sensenbrenner (R-WI) introduced the No Regulation Without Representation Act of 2016 (H.R. 5893) in the US House of Representatives (House). The bill would codify the physical presence...more

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

by Smith Anderson on

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

Bathroom Bills: What Employers Need To Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the...more

Court Reaffirms CA Attorney General’s Demand for Donor List

by Seyfarth Shaw LLP on

Donor information is expected to remain confidential. With an apparent thumbs up from the U.S. Supreme Court, the Ninth Circuit Court of Appeals once again upheld the position of the California Attorney General (AG)...more

Federal Court Upholds Federal Contractor Union Notice Requirement

by FordHarrison on

A federal court in the District of Columbia has upheld the validity of the Department of Labor's (DOL) rule requiring covered federal contractors to post a notice informing employees of their rights under the National Labor...more

November Elections Impact the Food & Beverage Industry (Part 1)

Bids to require mandatory labeling of foods containing genetically modified organisms (GMO) were voted down in Colorado and Oregon on Tuesday. Colorado voters rejected Proposition 105, with nearly 70% of voters saying no;...more

Ballard Spahr Lawyers Turn Back Robinson Township Challenge to Waste-to-Energy Facility

by Ballard Spahr LLP on

Although some have suggested that Robinson Township, et al. v. Commonwealth, a 2013 Pennsylvania Supreme Court ruling that struck down key provisions of a state law regulating the oil and gas industry, could impair...more

Industry Group Sues Compton for Moratorium on Hydraulic Fracturing

by Stoel Rives LLP on

The City of Compton is being sued for its ordinance banning hydraulic fracturing, effective on April 22, 2014. (Western States Petroleum Association v. City of Compton, et al., Case No.BC552272.) Although Compton is not...more

Colorado Supreme Court Clears Ballot Initiative Aimed at Bolstering Local Control of Oil and Gas Drilling

by Snell & Wilmer on

On June 30, the Colorado Supreme Court issued its opinion In the Matter of the Title, Ballot Title, and Submission Clause for 2013–2014 #89[1] (Initiative 89). In affirming the finding of the state’s Ballot Title Setting...more

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

by BakerHostetler on

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 Atomic Energy Act Preempts Vermont’s Efforts To Close Vermont Yankee: Sometimes, Legislative Intent Is Just Too Clear To...

Last week, in Entergy v. Shumlin, the 2nd Circuit Court of Appeals largely struck down Vermont’s efforts to close Vermont Yankee. Although three separate Vermont statutes were at issue, and Entergy made both preemption and...more

N.J. Files Brief Supporting Sports Betting Law in Key Gambling Litigation

by Ifrah PLLC on

The state of New Jersey filed its opening brief on April 29 in the U.S. Court of Appeals for the 3rd Circuit, in a case that could ultimately decide the fate of sports betting in the United States....more

California Legislature Calls Supreme Court Decision “A Serious And Direct Threat To Our Democracy”

by Allen Matkins on

The California legislature recently passed a joint resolution, AJR 22 (Wieckowski & Allen), that is harshly critical of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, 558 U.S. 50 (2010). ...more

9th Circuit to D.C. Circuit: We’ll see you in [The Supreme] Court!

by Ifrah PLLC on

Yesterday, the US Court of Appeals for the 9th Circuit cleared the way for the extortion case against Former Rep. Rick Renzi (R-Ariz.) to proceed to trial. In the process, they flatly disagreed with a 2007 Ruling by the Court...more

NLRB Sues Arizona Over Secret Ballot Legislation

The NLRB made good on its January 13, 2011.pdf threat to sue individual states that enact legislation that it believes are solely within its province. In a complaint filed against the State of Arizona.pdf today, the NLRB...more

Court Precedent Determining the Limits of Tribal Sovereignty in Agua Claiente Band of Cahuilla Indians v. Fair Political Practices...

by James Berlyn Fenison Jr. on

The Los Angeles Times reported (July 17, 2008) that on June 29th, the Agua Caliente Band dropped its appeal to the U.S. Supreme Court against California State and the Fair Political Practices Commission (FPPC) after the FPPC...more

Elections and the right to be informed in Mexico

by Raymundo Gil on

The Judicial implications regarding the 2006 mexican election and the right to be informed....more

Constructs of a Constitutional Convention (Abridged)

by The Agresta Firm PC on

Constructs of a Constitutional Convention is a theoretical framework for a constitutional convention to revamp and review the United States Constitution and amendments. This is a broad-reaching topic researched from an...more

"El Mercurio" Newspaper

by Viviana Pejoves on

About Parliament in chilean Political Law. When a parliamentary vote is permanently different from his political bloc that helped him enter the Congress. Analysis of the case....more

Crisis, Coroneles & Constitucionalismo: A Study of the Quality of Democracy in Ecuador

by Amy L. Becerra, Esq. on

Presents an analysis of the quality of Ecuadorian democracy. Examines the political and cultural background of Ecuador’s constitutional history, including the role of military intervention and the increasing influence of...more

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