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6 Oct 2016, 9:01 pm
Given that this week is the first in the Supreme Court’s new Term, it is hardly surprising that I will devote today’s column to a case on the Court’s docket this week. [read post]
29 Nov 2018, 9:00 pm
As the vote tallies for the November 2018 federal elections become finalized, one seat in the House of Representatives may not be resolved for several weeks because of an unusual lawsuit filed by Republican incumbent Bruce Poliquin (along with three Republican voters) in Maine. [read post]
17 Jan 2013, 9:01 pm
In my column this week, I explore an important First Amendment free speech ruling handed down at the end of December by the California Supreme Court. [read post]
22 May 2014, 9:01 pm
Earlier this month, in Town of Greece v. [read post]
28 Feb 2013, 9:01 pm
The Supreme Court this week handed down its first (but almost certainly not its last) 5-4 ruling of the Term. [read post]
23 Sep 2015, 9:01 pm
Many of the essays posted on Verdict deal with Supreme Court cases; in today’s column I focus on an opinion issued by a court at the base, rather than the pinnacle, of the federal judicial system—this month’s ruling by a federal district court in Arizona disposing of residual challenges brought against Arizona’s SB 1070 statute, the statute passed in 2010 attempting to deal with immigration stresses in the state, parts of which were struck down two years later by the Supreme… [read post]
13 Jul 2017, 9:01 pm
In what some commentators believe is one of the most important cases of the Supreme Court’s recently concluded term, Matal v. [read post]
19 Dec 2013, 9:01 pm
Today we analyze a very intriguing issue raised by a case that will be heard by the U.S. [read post]
7 Mar 2019, 9:01 pm
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
3 Jan 2013, 9:01 pm
Amid all the drama surrounding the fiscal cliff negotiations of the last few weeks, there was an important, sad, and in some respects troubling development in the U.S. [read post]
7 Dec 2014, 9:01 pm
In Part One of this two-part series, I contended that the reading of the Obamacare statute offered by the plaintiffs in the important King v. [read post]
24 Jan 2018, 9:01 pm
The blockbuster movie The Post tells a very important real-life story about the efforts of the journalists and leaders of the Washington Post (including Katherine Graham, the first female head of a major American newspaper) and the New York Times to publish parts of a collection of classified documents (the “Pentagon Papers”) detailing non-public information about America’s controversial involvement in the Vietnam War. [read post]
18 Apr 2018, 9:01 pm
It is time for an update on a proposal—about which I wrote two columns (the second of which is here) last summer—that seeks to carve California up into three separate states. [read post]
4 Oct 2018, 9:01 pm
Earlier this week, California Governor Jerry Brown signed into law SB 826, a landmark measure that requires each publicly held corporation whose principal executive offices are located in California to have, by the end of 2019, at least one woman on its board of directors. [read post]
9 Feb 2017, 9:01 pm
With many eyes this week on the Ninth Circuit litigation challenging President Trump’s Executive Order regulating entry into the U.S. by nationals of seven Middle Eastern and African countries, less noticed but potentially as important is a separate lawsuit (San Francisco v. [read post]
7 May 2015, 9:01 pm
As we noted in a column for this site two weeks ago, state religious freedom restoration acts, or RFRAs, such as the recently amended Indiana religious liberty statute, have been criticized on the ground that they are intended to permit discrimination against gays, lesbians, and same-sex couples in the provision of goods and services. [read post]
19 Feb 2019, 9:01 pm
Public universities all over the country are grappling with the challenges that arise when members of the university community (especially so-called Registered Student Organizations or RSOs) invite contentious speakers to campus for events that threaten to generate tremendous passion on all sides of controversial issues, and that carry with them the realistic prospect of violence. [read post]
30 Jan 2014, 9:01 pm
In today’s column, the first in a two-part series, we begin to analyze and assess an important decision handed down last week by the United States Court of Appeals for the Ninth Circuit concerning discrimination against would-be jurors who happen to be gay or lesbian. [read post]
4 Sep 2020, 6:31 am
Fisch (University of Pennsylvania Law School), on Thursday, September 3, 2020 Tags: Books and records, California, Charter & bylaws, Delaware articles, Delaware cases, Delaware law, Discovery, Private ordering, Shareholders agreements, State law Evolving Executive Compensation Responses to the Global Pandemic Posted by Mike Kesner, Sandra Pace, and John R. [read post]
21 Sep 2018, 6:10 am
Posted by Andrew Moyle, Stuart Davis, and David Walker, Latham & Watkins LLP, on Thursday, September 20, 2018 Tags: Blockchain, Cost of capital, Cryptocurrency, Equity offerings, Financial technology, ICOs, Private equity, Securities regulation The Law and Economics of Environmental, Social, and Governance Investing by a Fiduciary Posted by Max M. [read post]