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Elections & Politics Constitutional Law

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

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

West Virginia Workplace Freedom Act: Free From Injunction

by Steptoe & Johnson PLLC on

During the 2016 Regular Session of the West Virginia Legislature, Senate Bill 1 – otherwise known as the “West Virginia Workplace Freedom Act” – became law after that Legislature overrode a gubernatorial veto on February 12,...more

Does FEMA Unconstitutionally Deny Relief to Churches? President Trump Thinks So And He May Be Right

by Jackson Walker on

Hurricane Harvey’s devastation has impacted thousands of people and businesses throughout Texas. Private nonprofits and religious organizations have been playing key roles in providing emergency relief to those who have been...more

You Betcha: “It doesn't make it a gotcha just because it got ya.”

by Sedgwick LLP on

On August 29, 2017, U.S. District Court Judge for the Southern District of New York, Jed S. Rakoff, dismissed Sarah Palin’s defamation lawsuit against The New York Times. The case was filed in June 2017. Judge Rakoff stated...more

Why does the military get to discriminate against the transgender community? Is this even legal?

by Bowditch & Dewey on

This question is the most recent culmination of a long line of military-related issues with the LGBT community that far pre-date the Trump Administration. Historically, the military took the position that transgender people...more

Travel Ban Court Update on Family Members’ as “Bona Fide” Relationship

by Mintz Levin on

On Thursday, September 7, 2017, the 9th Circuit Court of Appeals let stand the Hawaii District Court temporary injunction against the Trump administration’s revised travel ban. This ruling confirms that U.S. family...more

CEOs, Politics and the Law: Guidelines for a New Era in Corporate Social Speech

by Perkins Coie on

In recent weeks, America’s CEOs have spoken out on social issues like never before, placing the business community firmly within the national debate. Likewise, companies are feeling internal and external pressures to...more

Sarah Palin v. The New York Times - Six Lessons for Public Figures in Defamation Cases | Sands Anderson

by Sands Anderson PC on

Former Alaska Governor Sarah Palin and the New York Times don’t much like each other. So much so that Palin sued the Times for defamation. Her claim stemmed from a Times editorial that wrongly linked her political action...more

Chris Lazarini Analyzes Challenge to Amended MSRB Political Contribution Rules

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a challenge brought by three Republican state party organizations related to the legality of the 2016 Amendments to MSRB Rule G-37 barring brokers and dealers from...more

Eighth Circuit Rejects Sovereign Immunity Defense to FCA Qui Tam Action

by Dorsey & Whitney LLP on

Last month the Eighth Circuit considered and rejected an Eleventh Amendment sovereign immunity defense to a qui tam action under the False Claims Act. In United States ex rel. Fields v. Bi-State Development Agency, No....more

New Bill Aims to Streamline LA Olympics Transit Projects & Clippers Arena

by Nossaman LLP on

According to an article in the Los Angeles Times, California lawmakers pitch a break from a key environmental law to help L.A. Olympic Bid, Clippers Arena, California lawmakers introduced Senate Bill 789 last week in an...more

“Sanctuary City” Laws Become Central Topic Nationwide

A U.S. District Court in Texas has stopped implementation of a ban on so-called “sanctuary cities” in the state and the City of Philadelphia has filed an action against Attorney General Jeff Sessions, claiming he has...more

D.C. Circuit Affirms Dismissal of Third-Party Presidential Candidates’ Antitrust Claims

On August 29, 2017, the D.C. Circuit affirmed the district court’s decision dismissing a suit filed by 2012 third-party presidential candidates Gary Johnson and Jill Stein, their running mates, their campaigns, and the...more

The Carpenter Case and Other Privacy-Related News

by Revision Legal on

As we discussed in the last few weeks, privacy is repeatedly in the news. Washington lawmakers are trying again to update the Electronic Communications Privacy Act, the Stored Communications Act (the “SCA”), and the Pen...more

How Due Process Will Wither and Die under California’s New Air Contaminant Law: AB 1132 Authorizes Air Districts to Shut Down...

by Stoel Rives LLP on

Governor Jerry Brown signed Assembly Bill 1132 (“AB 1132”) into law on August 7, 2017. The bill, authored by Democratic Assemblymember Cristina Garcia, adds Section 42451.5 to the Health and Safety Code which authorizes air...more

Arizona Supreme Court Rejects Challenge to Proposition 206

by Stinson Leonard Street on

On August 2, 2017, the Arizona Supreme Court released its written opinion rejecting the Arizona Chamber of Commerce and other business groups’ challenge to Proposition 206, also known as The Fair Wages and Healthy Families...more

Changes to PTAB Practice Proposed by STRONGER Patents Act of 2017

by Knobbe Martens on

The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act of 2017 was recently introduced in the Senate by a bipartisan group led by Senator Chris Coons (D-Del.) and co-sponsored...more

All Bets Are On in California? The Golden State’s Bid to Legalize Sports Gambling

If you’re gearing up for your fantasy football draft, you might be interested to know that the California Legislature is considering a proposal to legalize sports gambling. Assembly Constitutional Amendment No. 18 is a...more

Can a Legislature Really Change a Collective Bargaining Agreement?

by Shipman & Goodwin LLP on

With all of the talk about the financial difficulties faced by the government, I, and others in here, sometimes get the question of whether the State of Connecticut or other states might try to change the laws on collective...more

Affirmative Action Bombshell: FAQs About The Justice Department’s New College Admissions Project

by Fisher Phillips on

Higher education institutions felt seismic shockwaves yesterday as the New York Times reported that the Trump administration would soon redirect Justice Department resources toward investigating – and possibly suing –...more

Right-to-Work Law Upheld

by Ruder Ware on

Without much fanfare, the Seventh Circuit Court of Appeals has upheld the Wisconsin Right-to-Work Law. The Right-to-Work Law passed in Wisconsin is similar to a law passed in Indiana and holds that a company may not enter...more

Nine Members Again, the Supreme Court Takes On Uneasy Relationship Between Church and State

by Baker Donelson on

On June 26, 2017, the last day of its session, the Supreme Court issued what is likely to be one of its most significant rulings this year – and possibly for years to come – in the case of Trinity Lutheran Church of Columbia,...more

New Florida Law Demonstrates Tension Between Medical Marijuana and Employer Drug Policies

Florida Governor Rick Scott recently signed into law a medical marijuana use bill that was prompted by a voter referendum that amended the Florida Constitution to provide certain patients the right to use marijuana for...more

PA Supreme Court Restricts General Assembly’s Right to Spend Oil & Gas Royalty Money

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court continues to expand the reach of the Environmental Rights Amendment to the state Constitution. Adopted in 1971, the Environmental Rights Amendment recognizes that the people have a right to...more

NJ’s Gubernatorial Election – Public Matching Funds and the Role of Outside Money

by Genova Burns LLC on

On the same day that it was announced that Kim Guadagno and Phil Murphy both qualified for public matching funds in New Jersey’s 2017 gubernatorial election, the New Jersey Election Law Enforcement Commission issued a News...more

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