National Law Journal | Commentary
By Tony Mauro | August 26, 2022
During a recent conference, Justice Elena Kagan explained why colleagues were "very split" on how to make oral arguments work in the COVID-19 era.
By Marcia Coyle | August 26, 2022
The unlikely intersection of pork and various culture-war topics comes via the so-called dormant commerce clause.
New York Law Journal | Analysis
By Adam R. Shaw and Jenna C. Smith | August 26, 2022
This column addresses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installation focuses on two decisions granting motions to dismiss, the first dismissing claims brought by former president Donald Trump against New York Attorney General Letitia James, and the second dismissing an action alleging violations of the Defend Trade Secrets Act and accompanying state law claims for lack of personal jurisdiction and lack of capacity to sue.
By Avalon Zoppo | August 25, 2022
In his dissent, Judge James Graves Jr. recounted a cross being burned on the lawn of his grandmother's home in Mississippi in 1963.
New York Law Journal | Commentary
By Bennett L. Gershman | August 25, 2022
"There is another quality in Justice Thomas's jurisprudence that needs to be noted, and which has not been sufficiently examined: the gratuitous cruelty in some of his opinions."
By Andrew Goudsward | August 24, 2022
A federal judge found that Idaho's law conflicts with a federal law requiring hospitals to provide stabilizing treatment in a medical emergency.
By Andrew Goudsward | August 24, 2022
A federal judge found that Idaho's law conflicts with a federal law requiring hospitals to provide stabilizing treatment in a medical emergency.
By Jason Grant | August 24, 2022
The officers "appear[] to conflate ambiguity about the facts in this case for purposes of whether there is a genuine issue of material fact ... with ambiguity from the officers' perspective about what the victim [the man arrested] was up to" as they gave him orders during the traffic stop and then arrested him after pinning him to the ground, wrote the majority panel.
New York Law Journal | Analysis
By Barry Black | August 24, 2022
Near the very end of its past term, the U.S. Supreme Court rejected discrimination against religion, reversed two federal circuit courts of appeals, and issued landmark First Amendment rulings in cases at the intersection of religion and schools.
By Jason Grant | August 23, 2022
"This court would not tolerate a business owner proclaiming in the name of free speech or free expression that its business is open to whites only," wrote the bar association in a 23-page amicus brief submitted to the U.S. Supreme Court. "Nor should it tolerate a business owner communicating to the public that only one man and one woman may use its wedding services."
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