By John C. Coffee Jr. | May 17, 2023
In his Corporate Securities column, Professor John Coffee discusses the impact of Axon Enter. v. FTC, which he writes "masks a lack of consensus and shows the court to be straddling—at least for the time—a deep division over whether administrative agencies can utilize administrative law judges."
By Brian Lee | May 16, 2023
A coalition of 24 attorneys general led by New York's has filed an amicus brief Tuesday on a major Supreme Court case involving funding for the Consumer Financial Protection Bureau, which was formed in response to the 2008 financial crisis.
By Ellen Bardash | May 15, 2023
The U.S. Supreme Court on Monday denied fossil fuel companies a write of certiorari, sending environmental cases against them back to state courts in Delaware and New Jersey.
National Law Journal | Analysis
By Jimmy Hoover | May 10, 2023
Nobody ever said arguing before the justices was easy. But it seems to be getting harder as the formerly freewheeling, hourlong sessions have been replaced by more orderly questioning—and often exceed 60 minutes.
By Jimmy Hoover | May 1, 2023
The justices will consider if and when the burden shifts to employers to show they did not unlawfully retaliate against a whistleblowing employee.
By Brad Kutner | April 24, 2023
Two cases present a circuit split on whether officials' social media use constitutes state action, triggering First Amendment protections for their critics.
New York Law Journal | Letter to the Editor
By Elliott B. Jacobson | April 10, 2023
Going forward there is much Congress can do to ensure the integrity of the U.S. Supreme Court, a former New York prosecutor writes. And it should start by enacting legislation banning the acceptance of gifts valued at more than some nominal amount, say $25, by Supreme Court justices.
By Mark A. Cuthbertson and Matthew DeLuca | April 6, 2023
The Supreme Court's recent decision in Kennedy v. Bremerton was the death blow for the Lemon test and existing Establishment Clause jurisprudence. In its place, the majority mandated the court's apply a 'history and tradition' test, drawing dissent from Justice Sonia Sotomayor. Yet this historical approach to defining constitutional rights is becoming a hallmark of the current majority, with the potential to disrupt the status quo on a wide range of constitutional issues.
New York Law Journal | Analysis
By Christopher Dunn | April 5, 2023
We are just six months into the inaugural and historic U.S. Supreme Court term of Justice Ketanji Brown Jackson, but it's not too early to take a first look at her work. In February, she authored her debut merits opinion for the court, and she has written four opinions related to orders the court issued. All are revealing.
By Ross Todd | March 23, 2023
After O'Melveny knocked out Evangelisto Ramos' prior 10-2 conviction on second degree murder charges, partner Rebecca Mermelstein this past week won a unanimous "not guilty" verdict alongside local co-counsel Sarah Chervinsky in New Orleans.
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