National Law Journal | Commentary
By Robert Salcido and Emily I. Gerry | March 7, 2024
Through the qui tam provisions, which have transformed the FCA's broad language and stimulated over-enforcement, Congress has dispersed power from the executive branch to private persons acting not in the public interest but rather in their own self-interest.
By Colleen Murphy | March 6, 2024
"The Appellate Division's decision is wrong, and if allowed to stand, sets a dangerous precedent. It invites more and more of New Jersey's government to operate in the shadows—collecting taxes and fees and spending that revenue outside a transparent annual appropriation process," Cargill's petition said.
By Jimmy Hoover | March 6, 2024
U.S. District Judge Matthew Kacsmaryk upheld the school's ban, finding drag shows to be "sexualized" exhibitions not protected by the First Amendment.
New York Law Journal | Analysis
By William F. Johnson | March 6, 2024
This article examines the SEC's no-admit/no-deny rule through the lens of the SEC's recent denial of a request to modify the rule filed by an external advocacy organization and concludes that the SEC should have given more consideration to amending the rule.
New York Law Journal | Analysis
By Timothy M. Tippins | March 6, 2024
In his Matrimonial Practice column, Timothy M. Tippins discusses a recent ex cathedra assault on due process that should evoke concern, if not outrage, from the entire profession.
By Jimmy Hoover | March 5, 2024
"Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President," Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson wrote in a concurrence.
By Avalon Zoppo | March 4, 2024
"This petition presents a high-stakes issue for our Nation's system of higher education," wrote Clarence Thomas, joined by Samuel Alito Jr. "Until we resolve it, there will be a patchwork of First Amendment rights on college campuses."
By Avalon Zoppo | March 4, 2024
Appeals court considers whether investors have a reasonable expectation of privacy in information they provide to a cryptocurrency exchange platform.
By Jimmy Hoover | March 4, 2024
"[T]he Constitution makes Congress, rather than the States, responsible for enforcing Section 3 [of the Fourteenth Amendment] against federal officeholders and candidates," the high court stated in its unsigned "per curiam" opinion.
New York Law Journal | Analysis
By Martin A. Schwartz | March 4, 2024
Fourth Amendment law provides that police use of force during an arrest, stop or other seizure must be reasonable. Despite the seemingly straightforward nature of the reasonableness standard, §1983 excessive force claims often generate many difficult issues. The recent decision in 'Sabbe v. Washington County Board of Commissioners' illustrates some of these issues.
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