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National Law Journal

Judge Mizelle's Nationwide Injunction Invalidating the Biden Administration's Mask Mandate Should Be Reversed on Appeal

I'm not a medical doctor so I don't know whether masks remain necessary for public health. However, I am a lawyer and a constitutional law professor, and I'm certain that Judge Mizelle's nationwide injunction is unconstitutional.
5 minute read

National Law Journal

Litigants Should Strategically Draft Applications to Confirm Arbitration Awards

After SCOTUS' latest opinion narrowing path to federal court, it will be crucial to draft applications to establish subject-matter jurisdiction.
5 minute read

National Law Journal

Amid Concerns About Prosecuting Trump, Garland Keeps Collecting Wins Against Insurrectionists

Let's put aside for the moment the serious debate among DOJ observers about whether AG Garland has proceeded quickly enough to focus the Jan. 6 investigation on former President Trump.
4 minute read

National Law Journal

The FTC's Foray Into Worker Classification Is Misguided and Unlawful

Not only would regulating employee classification exceed the FTC's congressionally delegated authority—beyond that, it's simply bad policy.
7 minute read

National Law Journal

The Law Comes to Four Important Behind-the-Scenes Jan. 6 Actors

The House voted to refer for prosecution Peter Navarro and Dan Scavino for contempt of Congress by failing to show up to testify before the Jan. 6 committee. It was a very good day for those who believe in the rule of law.
4 minute read

National Law Journal

5th Circuit Raises Bar for Introducing Historical Snapshots of Websites Into Evidence

Evidence is time-sensitive and attorneys thinking of relying on web snapshots would be well-advised to secure web-based documentation sooner rather than later.
5 minute read

National Law Journal

What Will Likely Stick, and What Should Get Dropped, From the SEC's Climate Proposals

In light of the recent SEC proposal to expand ESG disclosure rules, some companies find themselves in unfamiliar territory. If adopted, some of the new requirements will be tough to meet, says Megan Gates.
6 minute read

National Law Journal

Dobbs' Dilemma

Why Justice Brett Kavanaugh's Ideal of "Scrupulous Neutrality" in Dobbs is a Pipe Dream
8 minute read

National Law Journal

Attorney-Client Privilege May Be on Shaky Grounds in Congressional Investigations

During phone calls with clients discussing a congressional investigation, "when you tell them, 'well, Congress doesn't think that attorney-client privilege is binding on it,' you can just see the anxiety spike for them," says Andy Wright.
9 minute read

National Law Journal

A Lawyer's Role in Insurance Risk Management in Light of Ukraine Crisis

"We've seen an enormous growth in insurance coverage for cybersecurity incidents, hacking and information related loss. It's grown dramatically in the last decade. At the same time, we begin to see coverage disputes."
6 minute read

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