Constitutional Law

Big-ticket state and federal trial, appellate and Supreme Court litigation focused on business challenges to agency rules and regulations

  • New Jersey Law Journal

    On 'Neo-Nazis Need Not Apply' Policy, Legal Questions Exist

    By Law Journal Editorial Board | September 15, 2017

    Since the recent disturbances in Charlottesville, the question has arisen whether a private employer can lawfully fire an at will employee who took part in the neo-Nazi demonstration or other white supremacist activity that the employer finds offensive or embarrassing.

    1 minute read

  • Daily Report Online

    11th Circuit Won't Rehear Case Over Deceptive Police Search

    By Katheryn Hayes Tucker | September 15, 2017

    The U.S. Court of Appeals for the Eleventh Circuit has denied a Florida couple's request to rehear a case that deeply divided the judges over what constitutes a legal police search.

    1 minute read

  • Connecticut Law Tribune

    Conn.-Based Hollywood Crime Film Spotlights Young Thurgood Marshall

    By MICHAEL MARCIANO | September 14, 2017

    A 1940s Connecticut "Crime of the Century" courtroom drama, written by Connecticut attorney Michael Koskoff and exploring the rich personality of a young Thurgood Marshall, hits big screens nationwide next month.

    1 minute read

  • New York Law Journal

    Exceptions and Exclusions Benefit Religious Institutions and Clergy

    By Barry Black and John B. Madden explore "Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos," where the court upheld the validity of a statutory exception to the prohibition against discrimination on the basis of religion contained in Title VII of the Civil Rights Act of 1964, and further discuss other examples of the law's special treatment of religious institutions and clergy members. | September 13, 2017

    Thirty years ago, in Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327 (1987), the U.S. Supreme…

    1 minute read

  • New Jersey Law Journal

    Justices Hear Arguments in Offensive Flyer Flap

    By Michael Booth | September 12, 2017

    A state prosecutor asked the New Jersey Supreme Court to reinstate the criminal conviction of a man who added offensive comments to a co-worker's wedding photos and posted them as flyers.

    1 minute read

  • New York Law Journal

    'Masterpiece Cakeshop' and Sincerity of Beliefs: the Aftermath of 'Hobby Lobby'

    By William M. Pinzler | September 12, 2017

    William M. Pinzler discusses "Masterpiece Cakeshop and Jack Phillips v. Colorado Civil Rights Commission and Craig and Mullins," a case the Supreme Court has granted certiorari which presents the question of whether applying Colorado's public accommodations law to compel a "cake artist" (a baker) to prepare a cake in honor of a customer's gay wedding violates his "sincerely held religious beliefs" about gay marriage and thus violates the Free Speech or Free Exercise clause of the First Amendment.

    1 minute read

  • The Legal Intelligencer

    Bassetti v. Boyertown Area School Dist., PICS Case No. 17-1345 (E.D. Pa. Aug. 16, 2017) Smith, J. (13 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 12, 2017

    The district court barred plaintiff's stigma-plus claim under 42 U.S.C. Section 1983 for alleged reputational injury against a third party, finding that the actions constituting the stigma and the plus must both be performed by the defendant employer. The court granted defendant's motion to dismiss plaintiff's complaint with prejudice.

    1 minute read

  • National Law Journal

    Trump's DOJ Backs Colorado Baker Who Refused Service to Gay Couple

    By Marcia Coyle | September 7, 2017

    The Trump administration delivered a new blow to the gay and lesbian community on Thursday when the U.S. Justice Department sided against a same-sex couple in a major discrimination case at the U.S. Supreme Court. The Justice Department filed a brief backing a Colorado baker who refused to bake a cake for a gay couple. "Weddings are sacred rites in the religious realm and profoundly symbolic ceremonies in the secular one," Jeffrey Wall, the acting U.S. solicitor general, wrote in the amicus brief.

    1 minute read

  • New York Law Journal

    15 States, D.C. Sue Trump Over 'Cruel' DACA Repeal

    By Josefa Velasquez and B. Colby Hamilton | September 6, 2017

    New York's AG and 15 other states and D.C. filed a federal lawsuit in the Eastern District of New York alleging the Trump administration's undoing of the Deferred Action for Childhood Arrivals executive action violates constitutional protections.

    1 minute read

  • Corporate Counsel

    Pharma Groups Push Back Against Nevada Law Aimed at Reducing Drug Costs

    By Kristen Rasmussen | September 6, 2017

    Two top pharmaceutical trade groups have asked a federal judge to block a Nevada law requiring certain diabetes drugmakers to disclose information to the state about the cost of making and marketing the medications.

    1 minute read

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