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June 12, 2006 |

Mansoldo v. State

In deciding if the State floodway regulation effected a taking and the amount of damages, the lower courts did not properly apply Lucas and Penn Central, and erroneously relied on a factual record developed in a related administrative hearing.
5 minute read
October 04, 2012 |

Inadvertent Waiver of Attorney-Client Privilege

In his Evidence column, Michael J. Hutter, a professor at Albany Law School, discusses whether an inadvertent disclosure as distinct from an intentional and voluntary disclosure effects a waiver of the privilege with respect to the disclosed matter.
12 minute read
February 09, 2007 |

Court Upholds Sanction for Lawyer's Use of Racially Charged Word

A federal judge did not abuse her discretion when she reprimanded a Dallas lawyer for failing to remove a racially charged word from a brief, the 5th Circuit has found.
3 minute read
December 08, 2008 |

Battle along North Druid Hills

Stretching about six miles across central DeKalb County, North Druid Hills Road is a mlange of suburban development. A school sits across the road from a Target. Churches are neighbors to strip malls. Driveways turn into office parks, apartment complexes, Starbucks, McDonald's, Kroger and QuikTrip.Traffic on the four-lane street, according to the community's residents and business owners, has been pushed to the limit.
6 minute read
December 24, 2012 |

The year in quotes: Predictions for the high court

Experts speculate about how the justices will rule on major cases in the new year.
4 minute read
April 05, 2013 |

NLRB Update: Union Dues and Employer Work Rules

In their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom review recent decision involving whether a collective bargaining agreement provision authorizing an employer to deduct union dues directly from an employee's paycheck survives the expiration of the agreement, employer confidentiality rules prohibiting employees from discussing salary information, and rights of nonmember dues objectors.
9 minute read
August 29, 2006 |

2nd Circuit Clarifies Predominance Class Element

The 2nd Circuit has announced new law concerning the predominance requirement of class certification. Reversing the denial of class certification in cases challenging the strip search of inmates in Nassau County, N.Y., the court said a judge may certify a class as to a specific issue under Federal Rule of Civil Procedure 23(c)(4)(A) where "the entire claim" does not satisfy the requirement that a common issue predominates.
5 minute read
December 29, 2009 |

'Wardrobe Malfunction' Case Heading Back to 3rd Circuit

The court battle over the hefty fines imposed for Janet Jackson's infamous "wardrobe malfunction" at the 2004 Super Bowl is ready to come back to court.
5 minute read
October 08, 2002 |

Why Talk of Rehnquist Spring Exit Makes Sense

Tony [email protected] Chief Justice William H. Rehnquist's law clerks held their annual reunion a few months back, nearly all of his former clerks attended-an unusually high turnout.But does that mean it was a farewell reunion, the last one before he fulfills the prediction of pundits by retiring next springNot so fast, said clerks who were on hand.
7 minute read
January 09, 2007 |

How Pepsi opened door to diversity in the 1940s

The rivalry between Pepsi and Coke, which started in the 1940s, is legendary in business. Less known is that a more important battle was being fought on the front lines of the cola wars at the same time: the struggle of African-Americans to gain access to professional jobs in major corporations.Walter S. Mack, the astute president of the underdog Pepsi-Cola Co.
10 minute read

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