Legal History

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Regulating Exploration on the Arctic OCS: U.S. Federal Regulators Propose Rules for Oil and Gas Exploratory Drilling on the Arctic...

In recent years, the energy industry has expressed significant interest in investigating submerged lands on the U.S. Outer Continental Shelf (OCS) in the Arctic for commercial quantities of oil and natural gas. The...more

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here's Everything Employers Need to Know

The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This...more

U.S. Supreme Court Agrees to Take a Second Look at Takings Case

The burning question, is why? While this is not the first time the U.S. Supreme Court has ever granted a petition for review in the same case, it is certainly not common. And, it is downright uncommon for the Supreme Court...more

Anticorruption Compliance: From Our Founding Fathers to the Present

The Foreign Corrupt Practices Act of 1977 (FCPA) prohibits making—or even offering to make—any corrupt payment to foreign officials to further business interests. However, concerns about corruption stem back to the times of...more

The Patent Office Clarifies the Ban on Patenting Naturally-Derived Drugs and Other Products

Since the very beginning of America’s revolutionary patent system, inventors in the life sciences have been granted patents for discovering and purifying natural products. It was taken as a given that a purified natural...more

USC Creates Infographic on History of Patent Law

The University of Southern California (USC) Gould School of Law has created an infographic that provides some highlights in the history of patent law, starting at around 500 B.C. and including the first ever recorded document...more

Who Is Adolf Berle, Jr. And Why Is Vice Chancellor Laster Quoting Him?

Adolf A. Berle, Jr. wrote Corporate Powers as Powers in Trust more than four score years ago, but Vice Chancellor J. Travis Laster cited the article yesterday as if the Harvard Law Review had published it last week. Quadrant...more

The Equal Credit Opportunity Act – a Sword and a Shield?

The year was 1974 and, on the heels of the civil rights movement, was a time when the country maintained its heightened awareness of equality and discrimination. This was the year that the Equal Credit Opportunity Act (ECOA)...more

You’re Not on the List: Failure to Name Names Knocks Lloyd’s Out of Federal Court

It is impossible today to imagine a world without insurance. Individuals can’t buy houses or cars without insuring them against loss. Businesses cannot operate without any number of coverages—against damage to their...more

A Brief History of the False Claims Act

The False Claims Act (FCA) is one of many federal enactments that could be characterized as a whistleblower law. In fact, it is also one of the oldest and most well-known. The False Claims Act has existed statutorily...more

Workplace Law Has Come a Long Way, Baby!

In 1964, Nicholas Katzenbach, the Attorney General of United States, ordered Ollie's Barbecue, a tiny restaurant in Birmingham, Ala., to desegregate. When the U.S. Supreme Court upheld that order, the newly passed Civil...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 44: Psychiatric or Mental Disabilities...

In the continuing evolution of equal employment opportunity law, no area has led to more stress for employers (all puns intended) than complying with their poorly defined and ever-changing obligations under the Americans with...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 40: “Me Too” Evidence

“Me too” evidence is testimony from employees other than the plaintiff who claim that they were subjected to discrimination, retaliation or harassment during their employment. Plaintiffs often seek to have this evidence...more

South Florida Federal, Local Agencies to Observe 50th Anniversary of 1964 Civil Rights Act

Landmark Legislation Still Holds Significance for Millions of Americans - MIAMI -- Several federal agencies and local government bodies will join forces on July 2 to commemorate the 50th anniversary of President Lyndon...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 38: The Supreme Court Defines “Supervisor”...

In hostile environment harassment cases under Title VII, an employer’s liability for the conduct of its employees depends on whether a supervisor or an individual contributor commits the wrongful acts. If a supervisor...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 36: “Family Status” Is Not a Protected...

Family status discrimination (“FSD”) is an increasingly recognized term that refers to discrimination against employees on the basis of their caregiving responsibilities, including those that actively participate in providing...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 34: Religious Dress And Appearance Requires...

A recent survey by the Pew Research Center reports that 58% of Americans say that religion is very important in their lives and 76% of Americans say that prayer is an important part of their daily lives. The survey also...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 32: Understanding Retaliation Claims Under...

One of the plaintiffs’ bar’s perennial favorite claims is the amorphous and, hence, ubiquitous retaliation claim. Over the years, the law under Title VII has made these claims more difficult for plaintiffs to bring. At the...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 30: An Employer’s Honest Belief A Surefire...

Proving discrimination – or the absence of it – is a tricky proposition at its core and there can be more twists and turns than a roller coaster. What happens when an employee is fired for both legitimate and discriminatory...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 29: The EEOC Requires Employers to File...

The EEOC is tasked not only with enforcement and adjudication of employment discrimination; it also has data-collecting requirements. In some cases, that data-collecting is easy: the EEOC can easily count the number and type...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 25: The Rise in Frequency of Retaliation...

When considering Title VII complaint statistics, it is usually assumed that race discrimination or sexual harassment claims would be the most frequent charge. Since 2009, however, a different claim became the statistical...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 24: The Supreme Court Balances TheTension...

Employment tests and other selection procedures have long been part of hiring and promotional processes for many employers. Designed and used properly, employment tests can be very effective in assisting employers to...more

When Judges Met Jazz: The First Decade Of Jazz Law

In honor of African American Music Appreciation Month, sometimes known as Black Music Month, we recall the first judicial decisions in which jazz music was the subject of a legal dispute. Although jazz originated in the late...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 21: From The Courts To Pop Culture —...

It is tough to determine the precise moment that sexual harassment went from something that Hollywood “did” (the ubiquitous “casting couch”) to something that Hollywood exploited as story-line. But over the five decades of...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 19: HIV/AIDS Is a Protected Disability...

The social, economic and public health effects of the AIDS epidemic in the 1980s propelled public health and community-based organizations to join forces and advocate for the passage of a federal anti-discrimination law. ...more

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