Elections & Politics Constitutional Law

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Members of Congress, consumer advocates file amicus briefs supporting CFPB’s petition for rehearing en banc in PHH case

A group of 21 current and former members of Congress and a group of 10 consumer advocacy organizations have filed amicus briefs in support of the CFPB’s petition filed with the D.C. Circuit seeking a rehearing of its decision...more

How does the PHH case impact presidential authority to remove Director Cordray?

A blog post entitled “The President’s Removal Power and the PHH Litigation” by Aditya Bamzai, an Associate Professor of Law at the University of Virginia School of Law, challenges the assumption of many observers that the new...more

Consumer Financial Services Newsletter - November 2016

D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second - The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v....more

CFPB asks for rehearing en banc in PHH case

As we expected, the CFPB filed a petition with the D.C. Circuit this past Friday asking it to grant a rehearing en banc of its decision in CFPB v. PHH Corporation.  Under D.C. Circuit rules, PHH may not file a response to the...more

DOL Prevails In First Challenge to the Conflict of Interest Rule and Related Exemptions

On November 4, 2016, Judge Moss in the U.S. District Court for the District of Columbia granted the U.S. Department of Labor’s motion for summary judgment and dismissed claims brought by the National Association for Fixed...more

All Power To The People: Initiatives And Referenda In California

A year ago, I addressed the effective date of California legislative bills in this post. In California, the people can also exercise legislative power through two different mechanisms – the initiative and the referendum. In...more

California Voters Reject 11th Hour Gutting And Amending Of Bills

Not quite a year ago, I wrote: A reader of the California Constitution would be lead to believe that the course of legislation is orderly and predictable. Under Article IV, Section 8(b), the legislature may make no law...more

Leave The Political Boxing Gloves At The Office Door

We love a good political fight, but dealerships would be well-advised to check the gloves at the office door and instead heed the wisdom offered long ago by Calvin Coolidge: “No man ever listened himself out of a job.”...more

Brexit on Ice? Court Rules That Only UK Parliament Can Trigger Article 50

Earlier today, the High Court of Justice ruled that the U.K. government does not have the constitutional capacity to trigger the U.K.'s withdrawal from the European Union without further primary legislation being passed. This...more

Election Day Concerns for Employers: Political Discussions in the Workplace and Time Off to Vote

With the highly contested presidential election on Tuesday, November 8, 2016, many employers are concerned about political discussions in the workplace, whether those discussions can be restricted, and how to handle...more

Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more

The First Amendment: Without a Friend in the 2016 Election Cycle?

With Election Day less than two weeks away, it’s an interesting time for the First Amendment. Unlike the Second Amendment where party lines appear strong, the 2016 presidential candidates’ stance on First Amendment issues and...more

Ballot Selfie: Forbidden Photo or Constitutional Right?

As Election Day approaches, we are reminded of an adage as timeless as the republic itself: "Pics or it didn't happen." In our social media-obsessed world, many people document their everyday lives on Facebook or Instagram. ...more

PHH v. CFPB, Part I: President of Consumer Finance No More

In response to a challenge from mortgage servicer PHH Corp. regarding the constitutionality of the single director structure of the Consumer Financial Protection Bureau (the CFPB or Bureau), the United States Court of...more

Mexico: Senate Approves Initiative to Amend Labor Justice Provisions of Mexican Constitution

On October 13, 2016, the Senate of the Republic unanimously approved an initiative that amends several of the Labor Justice provisions of the Mexican Constitution regarding employment dispute hearings and union...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more

New Challenge to Daily Fantasy Sports in New York

A group of New York citizens backed by the anti-gambling group Stop Predatory Gambling has filed a lawsuit against New York Governor Andrew Cuomo challenging the constitutionality of the bill that legalized daily fantasy...more

Oh, What Schemes of Glory This Business of Gambling Gives Birth To

Article 48, an amendment to the Massachusetts constitution adopted in 1918, states that “the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional...more

Political Speech in the Workplace

The upcoming presidential election between two larger-than-life characters, each capable of stirring intense emotional reactions from both sides, is sure to produce some spirited debate around the water cooler this fall. ...more

Social Media Platforms and a Company’s Right to Free Expression

Political campaigns have increasingly turned to social media as a channel to reach voters. Social media not only has the power to reach audiences numbering in the billions, but it also has the power to change the behavior of...more

Local Campaign Finance Reform: What Local Agencies Can – and Cannot – Do (Part 2)

Last week, PublicCEO ran Part 1 of this article that explored the relationship between free speech and campaign finance laws, Super PACs and their influence on campaign finance, and how the U.S. Supreme Court’s Citizens...more

Local Campaign Finance Reform: Can Local Agencies Wean the Baby From “Mother’s Milk?” (Part 1)

It is an issue that has been with us since the earliest days of politics: The wealthy tend to have disproportionate influence over our political leaders in contrast to the poor and middle class. In the immortal words of the...more

Election 2016: Political Speech and Activity in the Workplace

On November 8, voters across the country will head to the polls to determine the next president. Some states have already begun the early voting process. Voters will also decide who fills various U.S. congressional seats,...more

DOL Overtime Rule Update: Breaking News!!!!!

On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule. Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business...more

Court Dismisses Challenge to New York Donor Disclosure Requirement

On August 29, 2016, the United States District Court for the Southern District of New York dismissed in its entirety a complaint against the New York Attorney General filed by Citizens United and Citizens United Foundation,...more

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