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June 07, 2024 | Daily Business Review

A Symptom of a Broader Issue: Politics vs. Constitutional Law in 'CFPB v. CFSA'

This case was not really about nuances of constitutional appropriations but the fundamental mission of an agency that is tasked with making rules and then enforcing those rules. Unlike the traditional bank regulators that consider the safety, soundness, and overall health of the entities they supervise, the CFPB's mission is that of an enforcer—a "check" on those that are regulated.
9 minute read
May 31, 2024 | Supreme Court Brief

Supreme Court Enters June with Backlog of Blockbusters

The justices made only slight progress this week on the imposing stack of cases they must resolve in just one month if they are to enjoy their traditional summer recess that kicks off in July.
6 minute read
May 24, 2024 | Legaltech News

Tracking Generative AI: How Evolving AI Models Are Impacting Legal

A running compilation of how the legal landscape continues to be shaped by generative AI tools, from GPT technologies to art generation tools and beyond.
177 minute read
May 21, 2024 | National Law Journal

Behind Recent 'Progressive' Supreme Court Victories, a Strategic Focus on Text, History

Lawyers hoping to win must appeal to the judicial methodologies in vogue at the high court. These days, that means homing in on statutory text and diving into constitutional history.
7 minute read
May 17, 2024 | National Law Journal

CFPB Averts Disaster at Supreme Court, But Challenges Remain

"Now, they don't have to worry about catching a (constitutional) challenge every time they put a rule out there," attorney Dennis Merkley said of the Consumer Financial Protection Bureau.
6 minute read
May 16, 2024 | Law.com

The FTC is Busy, But Adds AI Impersonation to the List

The FTC's rule prohibiting government and business impersonations went into effect last month.
6 minute read
May 16, 2024 | National Law Journal

Supreme Court Rejects Challenge to CFPB, Says Funding Structure Constitutional

In a 7-2 ruling, the court held that the Dodd-Frank Act did not violate the Constitution by funding the consumer finance watchdog through the Federal Reserve rather than through the annual congressional appropriations process.
5 minute read
May 13, 2024 | Texas Lawyer

Was This Judge Too Slow? Jurist Suggests 5th Circuit Micromanages His Docket

"A district court has broad discretion and inherent authority to manage its docket. That's what it did here, much to the apparent dismay of the Fifth Circuit," U.S. District Judge Mark Pittman said.
5 minute read
May 13, 2024 | National Law Journal

Was This Judge Too Slow? Jurist Suggests 5th Circuit Micromanages His Docket

"A district court has broad discretion and inherent authority to manage its docket. That's what it did here, much to the apparent dismay of the Fifth Circuit," U.S. District Judge Mark Pittman said.
5 minute read
May 08, 2024 | National Law Journal

Who Was at the Lectern This Supreme Court Term?

If it weren't for the four female justices, oral arguments would often have the feel of a male echo chamber, with 23 of the term's 61 argued cases not featuring a single female attorney. That's compared to just five cases that did not feature a male advocate.
8 minute read

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