Steve Lash is the Regulatory Editor at ALM. Contact him at [email protected]. On Twitter: @Steve_Lash.
July 22, 2024 | National Law Journal
Commissioner Holyoak Is Right: FTC Overreach Will Provoke Legal ChallengesAny regulations from the FTC report will likely face numerous hurdles—especially since those regulations will need to survive arbitrary and capricious review and a renewed skepticism of regulatory schemes generally, thanks to Chevron's overturn.
By Thomas Stratmann
5 minute read
July 15, 2024 | National Law Journal
Service Member and Veteran Employment Protections for a New Era of Global ConflictLawmakers' attention should focus first on the most glaring weakness of the Uniformed Service Employment and Reemployment Rights Act—its enforcement structure, which is split among three federal agencies.
By Bradford J. Kelley and James A. McGehee
5 minute read
June 28, 2024 | National Law Journal
Bravo! A Court Opinion About Child Custody and Support That Focuses on Behavior, Not LabelsJust like labeling children may have a lifelong impact on how they view themselves, assigning vague or inaccurate labels in a family law case can cause lasting damage. It is important to take a fresh perspective in such cases, untainted by broad psychological labels that may cause a court to color its perspective.
By Elisa Reiter and Daniel Pollack
7 minute read
June 21, 2024 | National Law Journal
Sentence Enhancement Belongs to Juries, Not Judges, Says Divided Supreme Court"Judges may not assume the jury's factfinding function for themselves, let alone purport to perform it using a mere preponderance-of-the-evidence standard," Justice Neil Gorsuch wrote for the majority.
By Steve Lash
4 minute read
June 21, 2024 | National Law Journal
FCC's Proposed ISAM Rulemaking Exceeds Its Authority Under Major Questions DoctrineDo congressional statutes provide the Federal Communications Commission with authority to license and regulate a broad range of in-space servicing, assembly, and manufacturing activities? Under U.S. Supreme Court law, the answer is no.
By Mary-Christine Sungaila
7 minute read
June 14, 2024 | National Law Journal
Sharply Divided High Court Reads Deportation Hearing Notice BroadlyJustice Samuel Alito Jr., writing for the slimmest of majorities, stated that the subsequent notice was statutorily sufficient and the deportees were validly ordered deported in absentia.
By Steve Lash
3 minute read
June 14, 2024 | National Law Journal
Prospective Parity Will Be Remedy for Past Bankruptcy Fee Disparity, High Court SaysEquality of fees going forward "comports with congressional intent, corrects the constitutional wrong, and complies with due process," Justice Ketanji Brown Jackson wrote for the majority.
By Steve Lash
4 minute read
June 14, 2024 | National Law Journal
Divided Supreme Court Strikes Down Federal Bump Stock BanIn its 6-3 decision, the high court rejected the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives' argument that bump stocks are analogous to machine guns, which have been outlawed in the United States since the 1934.
By Steve Lash
3 minute read
June 07, 2024 | National Law Journal
'Micula v. Romania': DC Circuit Offers Hint of What's to Come for Intra-EU AwardsEuropean Union states and the European Commission argue that any offer to arbitrate in an intra-EU Biliateral Investment Treaty is void ab initio and an award rendered by virtue of such a BIT must be invalid for lack of jurisdiction. That position, however, has had less traction in jurisdictions outside of the EU.
By Mark McNeill and Alexander G. Leventhal
6 minute read
June 05, 2024 | National Law Journal
5th Circuit Strikes Down SEC's Private Fund Advisers RuleThe U.S. Securities and Exchange Commission exceeded its statutory authority, the appeals court says.
By Steve Lash
3 minute read
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