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National Law Journal

Supreme Court Says Later Drug Schedule Changes Don't Affect Mandatory Minimums

"A defendant's 'history of criminal activity' does not 'cease to exist' merely because the crime was later redefined," Justice Samuel Alito Jr. wrote for the majority.
5 minute read

National Law Journal

Court, Not Arbitrator, Must Decide Coinbase Dispute, Justices Hold in Win for Plaintiffs

"Where, as here, parties have agreed to two contracts—one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts—a court must decide which contract governs," Justice Ketanji Brown Jackson wrote.
3 minute read

New York Law Journal

'Envy of the World': Equity Markets and the Compelling Need for Robust Disclosure Under Regulation S-K

An overview of why checks and balances of the courts, as well as SEC enforcement, are critical to maintaining disclosures that are needed to maintain the strength of the U.S. markets.
6 minute read

National Law Journal

Supreme Court Upholds South Carolina District Deemed 'Racial Gerrymander'

In the majority opinion, Justice Samuel Alito Jr. credited assertions from the state's GOP legislators that mapmakers used election and not racial data to achieve a partisan advantage for Republicans.
5 minute read

National Law Journal

Behind Recent 'Progressive' Supreme Court Victories, a Strategic Focus on Text, History

Lawyers hoping to win must appeal to the judicial methodologies in vogue at the high court. These days, that means homing in on statutory text and diving into constitutional history.
7 minute read

National Law Journal

CFPB Averts Disaster at Supreme Court, But Challenges Remain

"Now, they don't have to worry about catching a (constitutional) challenge every time they put a rule out there," attorney Dennis Merkley said of the Consumer Financial Protection Bureau.
6 minute read

New York Law Journal

Protection of Marriage Equality Is in Everyone's Best Interests

In a Law Journal column, Selendy Gay partners commemorate the 20th anniversary of the landmark ruling that made gay marriage possible in Massachusetts.
5 minute read

National Law Journal

Supreme Court Says Filing Deadline for Federal Workers Not Hard and Fast

"The procedural requirements that Congress enacts to govern the litigation process are only occasionally as strict as they seem," Justice Elena Kagan wrote for the court.
4 minute read

National Law Journal

Justices Say Lawsuits Must Be Kept Alive During Arbitration

"When a federal court finds that a dispute is subject to arbitration, and a party has requested a stay of the court proceeding pending arbitration, the court does not have discretion to dismiss the suit on the basis that all the claims are subject to arbitration," Justice Sonia Sotomayor wrote.
4 minute read

National Law Journal

Supreme Court Rejects Challenge to CFPB, Says Funding Structure Constitutional

In a 7-2 ruling, the court held that the Dodd-Frank Act did not violate the Constitution by funding the consumer finance watchdog through the Federal Reserve rather than through the annual congressional appropriations process.
5 minute read

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