Steve Lash

June 28, 2024 | National Law Journal

Just 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

"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

Do 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

Justice 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

Equality 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

In 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

European 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

The U.S. Securities and Exchange Commission exceeded its statutory authority, the appeals court says.

By Steve Lash

3 minute read

May 30, 2024 | Law.com

The 40-year-old doctrine of judges deferring to federal agencies appears headed toward demise, an apparent fate that has spurred a rash of challenges to regulations by plaintiffs increasingly confident of victory.

By Steve Lash

8 minute read

April 29, 2024 | National Law Journal

Disparate treatment based on sex and gender identity violates Equal Protection Clause, appeals court says.

By Steve Lash

5 minute read