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National Law Journal | Commentary
By Joseph Sellers | July 30, 2024
The broad and flexible interpretations of the word "sex" have surely surpassed the expectations of the bill's authors, and even more so its detractors who added the word itself.
National Law Journal | Commentary
By Alan B. Morrison | July 25, 2024
There are reasons why the First Amendment may not be TikTok's strongest claim, and instead why the court should strike down the act as a violation of the constitutional prohibition on Congress passing Bills of Attainder.
National Law Journal | Commentary
By Thomas Stratmann | July 22, 2024
Any 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.
National Law Journal | Commentary
By Bradford J. Kelley and James A. McGehee | July 15, 2024
Lawmakers' 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.
National Law Journal | Commentary
By Joel M. Cohen, Ladan Stewart and Robert DeNault | July 12, 2024
Without its home-court advantage, the SEC will have to litigate its cases in federal court—a process that is more complex and resource-intensive. But the SEC has been preparing for this eventuality for years.
National Law Journal | Commentary
By Adam J. Levitt | July 1, 2024
Arguing Class Actions is a monthly column by Adam J. Levitt for the National Law Journal.
National Law Journal | Commentary
By Elisa Reiter and Daniel Pollack | June 28, 2024
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.
National Law Journal | Commentary
By Jay R. Nanavati and Nikhil Lahiri | June 26, 2024
Section 803 of the FAA Reauthorization Act of 2024, signed into law last month, requires the FAA to establish "a process by which, upon request of a private aircraft owner or operator, the administrator withholds the registration number and other similar identifiable data or information ... for the noncommercial flights of the owner or operator."
National Law Journal | Commentary
By Mary-Christine Sungaila | June 21, 2024
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.
National Law Journal | Commentary
By Mark McNeill and Alexander G. Leventhal | June 7, 2024
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.
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