Law Offices of Gary Martin Hays & Associates
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National Law Journal | Commentary
By David M. Shapiro | June 26, 2018
The president, in short, wants immediate deportation without judges, potentially without due process at all. Does he have the power to establish such a system?
By Marcia Coyle | June 26, 2018
“These injunctions did not emerge until a century and a half after the founding," Justice Clarence Thomas wrote in a concurring opinion in the travel ban case Trump v. Hawaii. "And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this court must address their legality.”
By Tony Mauro | June 26, 2018
"It's sort of a pyrrhic victory," said Supreme Court historian Peter Irons, who organized an effort to persuade the court to overrule Korematsu in 2013. "We really do appreciate the court's action, but wish it was part of a majority opinion that overturned the travel ban."
By Angela Morris | June 26, 2018
Lawyer Paul Smith, who argued the landmark "Lawrence v. Texas" case decided 15 years ago today, talks about the "poetic coincidence" of June 26 for gay rights.
By Marcia Coyle | June 26, 2018
"California has offered no justification that the notice plausibly furthers. It targets speakers, not speech, and imposes an unduly burdensome disclosure requirement that will chill their protected speech," Justice Clarence Thomas wrote for the majority.
By Marcia Coyle | Tony Mauro | June 26, 2018
"We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim," Chief Justice John Roberts wrote for the majority.
By Tony Mauro | June 26, 2018
“It's going to be a busy summer,” says Williams & Connolly partner Kannon Shanmugam.
New York Law Journal | Analysis|Expert Opinion
By Martin Flumenbaum and Brad S. Karp | June 26, 2018
The main doctrinal source of the modern federal sentencing regime is United States v. Booker, 543 U.S. 220 (2005). The U.S. Supreme Court in Booker famously ruled that the U.S. Sentencing Guidelines, which had been binding, must be advisory to be constitutional.
The Legal Intelligencer | Commentary
By Patricia Collins | June 25, 2018
The court's holding that arbitration clauses in employment agreements are enforceable even if they result in a waiver of the right to bring a class or collective action is a blow to employee's rights under the FLSA. The case also provides a drafting lesson for practitioners.
New York Law Journal | Analysis
By Michael Rikon | June 25, 2018
In Michael Rikon's Condemnation and Tax Certiorari column, he explores the various ways that property can be taken requiring the payment of just compensation pursuant to the Fifth Amendment.
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