NEXT
Sign in to follow

New York Law Journal

'SEC v. Jarkesy': Constitutional Protections From Federal Agency Enforcement

"'Jarkesy' is another case in a line of cases that question the authority of administrative agencies," write Robinson & Cole's Benjamin M. Daniels and Ileana Polanco Cavazos.
8 minute read

National Law Journal

Supreme Court Reform Doesn't Pass Smell Test, Says Retired DC Circuit Judge

"They [the justices] overturned me a couple times and I thought they were wrong," said retired Judge Thomas Griffith, who served 15 years on a federal appellate court. "But that doesn't mean that my reaction to that ought to be to change the composition of the court."
11 minute read

National Law Journal

Is the 5th Circuit Really Too Conservative for the Supreme Court?

The only honest way to assess performance in the Supreme Court is to divide the number of Supreme Court reversals by the number of appeals the circuit decided the previous year. On that metric, the Fifth Circuit was reversed only one time for every 1,000 appeals.
4 minute read

Law.com

The Future Viability of 105(a) Injunctions Following the Supreme Court's Decision In 'Purdue Pharma'

Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
12 minute read

New York Law Journal

The Implication of SCOTUS's 'Snyder' Decision and Recent Precedent on Corruption Prosecutions

In fraud and corruption cases, the Supreme Court and the US government are marching in opposite directions. The DOJ continues to embrace new tools from Congress and the White House—including a newly-passed anti-corruption law—while the Supreme Court has increasingly cut back on the DOJ's broad theories of prosecution. This article examines the implications from the Court's latest opinion, Snyder v. United States, which, if applied to other bribery statutes, could severely limit the DOJ's view that gifts to government officials are no different than bribes.
8 minute read

National Law Journal

Dead or Alive? How the Supreme Court Narrows, Without Overruling, Precedent

One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
7 minute read

National Law Journal

Supreme Court Term Limits Are Doable By Statute, Retired Federal Judge Says

"I'm not saying it wouldn't be a difficult political slog if somebody thought that there was some disadvantage to their side," Judge Diane Wood said. "But I frankly see no constitutional barrier."
4 minute read

National Law Journal

Justices Face Mounting Calls to Nix 89-Year-Old Precedent Upholding Agency Independence

After the court's June ruling overturning 40 years of deference to regulatory agencies, the "Humphrey's Executor" precedent has emerged as public enemy No. 1 of the anti-administrativist legal movement.
5 minute read

New York Law Journal

Defense Counsel in Brian Benjamin's Bribery Case Seeks Clarity From SCOTUS on Quid Pro Quo

"This case presents an extreme example of that overreach, in an area of law that demands clarity yet has become perilously muddled," reads the writ from Barry Berke, Dani James and Darren LaVerne of Kramer Levin Naftalis & Frankel.
3 minute read

Daily Business Review

US Supreme Court Provides Strong Incentive to Reconsider Impact Fees

The recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado has empowered developers and property owners to challenge excessive or unjustified impact fees as unconstitutional and potentially seek damages and attorney fees. This in turn will cause many local governments to revisit the defensibility of their impact fee regimes.
3 minute read

TRENDING STORIES

Law Pro Logo

Featured Firms

Law Offices of Gary Martin Hays & Associates, P.C.

(470) 294-1674

Law Offices of Mark E. Salomone

(857) 444-6468

Smith & Hassler

(713) 739-1250

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • Leveraging Technology to Improve Employee Engagement and Client Satisfaction

    Brought to you by CARET Legal

    Download Now

  • How to Choose Your Legal Operations Software: Key Considerations and Expert Tips

    Brought to you by DiliTrust

    Download Now

  • Yearly Roundup: Strategic Insights for Law Firm Decision Making

    Brought to you by CARET Legal

    Download Now

  • Lex Machina Contracts: Commercial Litigation Report 2024

    Brought to you by LexisNexis®

    Download Now