Oct 14 2024 Topics Administrative Law & Regulation • Environmental & Energy Law • Federal Courts Blog Post The D.C. Circuit's Approach to Stays on EPA Rules Jeffrey H. Wood The D.C. Circuit rarely stays EPA rules as it considers challenges to them, and seldom...
Oct 10 2024 Topics Civil Rights • Federal Courts • Litigation Blog Post Chinese American Citizens Alliance of Greater New York v. Adams: Second Circuit Rules Case Challenging Admissions Policy Change for NYC’s Specialized High Schools Can Move Forward Glenn Roper On September 24, 2024, after nearly six years of litigation, the U.S. Court of Appeals...
Oct 9 2024 Topics Federal Courts • First Amendment • Litigation Blog Post TikTok v. Garland Oral Argument: Did TikTok Admit It Doesn’t Have First Amendment Rights? Joel Thayer 2024 has been a big year for social media litigation. Social media companies have successfully...
Oct 7 2024 Topics Federal Courts • Litigation • Religious Liberties Blog Post May Nonprofits Endorse or Oppose Candidates? Jeffery J. Ventrella For 70 years, the IRS has contended that the so-called Johnson Amendment proscribes any not-for-profit...
Sep 30 2024 Topics Federal Courts • First Amendment • Litigation • Free Speech & Election Law Blog Post Let the Algorithm Speak?: Third Circuit Indicates in Anderson v. TikTok That the First Amendment and Section 230 are Inversely Related Jack Fitzhenry Social media platforms sift user-generated content through a variety of algorithms, some of which collect...
Sep 27 2024 Topics Federal Courts • State Governments • Environmental Law & Property Rights Blog Post Florida and EPA Defend Clean Water Act Permit Program in the D.C. Circuit Eric Grant In its report last month on The Biggest Enviro Cases To Watch In 2024, Law360 identified...
Sep 24 2024 Topics Federal Courts • Jurisprudence • Supreme Court Blog Post The Future of Article III Standing Mason Rivers Laney Is it “too easy” to show Article III standing, particularly in environmental cases? That is...
Sep 19 2024 Topics Federal Courts • Labor & Employment Law • Federalism & Separation of Powers Blog Post Georgia Fruit and Vegetable Growers Association v. DOL: Post-Loper Bright Pushback on Agency Overreach Braden H. Boucek, Jordan Miller The long period of labor peace to which Americans are so accustomed is the product...
Sep 17 2024 Topics Federal Courts • Labor & Employment Law • Law & Economics Blog Post Competition Non Sequitur: The NLRB’s Foray Into Antitrust Law Alexander T. MacDonald The word ultracrepidarian comes from an old Roman story about a shoemaker. Though good at...
Sep 16 2024 Topics Federal Courts • Litigation • Federalism & Separation of Powers Blog Post Federal Court Recognizes Limits to Federal Power Over At-Home Distilling Devin Watkins What are the limits of the federal government’s powers? That critical question has been debated...
Topics
The D.C. Circuit's Approach to Stays on EPA Rules
The D.C. Circuit rarely stays EPA rules as it considers challenges to them, and seldom...
Topics
Chinese American Citizens Alliance of Greater New York v. Adams: Second Circuit Rules Case Challenging Admissions Policy Change for NYC’s Specialized High Schools Can Move Forward
On September 24, 2024, after nearly six years of litigation, the U.S. Court of Appeals...
Topics
TikTok v. Garland Oral Argument: Did TikTok Admit It Doesn’t Have First Amendment Rights?
2024 has been a big year for social media litigation. Social media companies have successfully...
Topics
May Nonprofits Endorse or Oppose Candidates?
For 70 years, the IRS has contended that the so-called Johnson Amendment proscribes any not-for-profit...
Topics
Let the Algorithm Speak?: Third Circuit Indicates in Anderson v. TikTok That the First Amendment and Section 230 are Inversely Related
Social media platforms sift user-generated content through a variety of algorithms, some of which collect...
Topics
Florida and EPA Defend Clean Water Act Permit Program in the D.C. Circuit
In its report last month on The Biggest Enviro Cases To Watch In 2024, Law360 identified...
Topics
The Future of Article III Standing
Is it “too easy” to show Article III standing, particularly in environmental cases? That is...
Topics
Georgia Fruit and Vegetable Growers Association v. DOL: Post-Loper Bright Pushback on Agency Overreach
The long period of labor peace to which Americans are so accustomed is the product...
Topics
Competition Non Sequitur: The NLRB’s Foray Into Antitrust Law
The word ultracrepidarian comes from an old Roman story about a shoemaker. Though good at...
Topics
Federal Court Recognizes Limits to Federal Power Over At-Home Distilling
What are the limits of the federal government’s powers? That critical question has been debated...