Federal Court Enjoins Department of Labor’s “Persuader” Rule
The United States District Court for the Northern District of Texas issued a nationwide injunction against the Department of Labor’s (DOL) Final Rule, which sought to significantly alter the interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) “Persuader Rule.” The court characterized the DOL’s new interpretation as “defective to its core.” This Final Rule, […]
The Scope of Common Carrier Immunity: Assessing Federal Prosecution of FedEx
Federal prosecutors initiated a controversial case against FedEx Corporation, alleging the company knowingly facilitated the shipment of illegal drugs in interstate commerce and engaged in money laundering. The core of the accusation rested on FedEx’s routine operations: delivering packages—specifically those originating from online pharmacies—to their recipients and accepting payment for the service. The legal challenge […]
The Surge in Web Accessibility Lawsuits Under the ADA
The increasing acceptance of the legal theory that the Americans with Disabilities Act (ADA) applies to website design has long suggested the potential for a proliferation of lawsuits. This theory holds that websites must be designed to accommodate users with disabilities, such as those who are blind, deaf, or physically impaired. It was anticipated that […]
Article V Convention: An Ill-Advised Constitutional Approach
Proponents of an Article V convention for proposing amendments to the U.S. Constitution, including prominent constitutional conservatives such as Texas Gov. Greg Abbott and Rob Natelson of the American Legislative Exchange Council, have recently advanced this mechanism. The push requires two-thirds of the states to petition Congress to call a convention. The concept received further […]
The U.S. Chamber’s 2015 Selection of Notable Lawsuits: A Look at Questionable Claims
The U.S. Chamber Institute for Legal Reform annually highlights civil lawsuits that illustrate perceived excesses or misuse of the legal system, often dubbed the “Most Ridiculous Lawsuits.” The 2015 list featured several cases that drew significant public and media attention due to the nature of the claims or the facts involved. The Top Selection and […]
Examining Rights and Accountability in Correctional and Law Enforcement Employment
The Intersection of Public Service and Employee Discipline The discipline and dismissal of public employees, particularly those in sensitive roles such as correctional officers and law enforcement officers, frequently becomes a point of contention between government agencies, employee unions, and state legislation. This dynamic highlights the legal frameworks governing employment rights and public accountability. A […]
Lawyers, Political Influence, and the Sheldon Silver Case
The arrest of former Assembly Speaker Sheldon Silver brought to light issues concerning the intersection of politics and the legal profession, specifically within the context of high-stakes personal injury litigation. Following Silver’s apprehension, commentator Jeffrey Toobin recounted a historical anecdote involving the defunct law firm, Morris Eisen, P.C., describing it as “an outfit so extravagantly […]
Political Leanings in the Legal Profession: Examining the Ideological Spectrum of Lawyers and Judges
A recent study from Harvard University provides insight into the political leanings within the U.S. legal profession, finding a notable ideological difference between practicing lawyers and judges. The research suggests that U.S. lawyers generally lean to the left of the political spectrum, though their collective position is not as far left as that of law […]
Unauthorized Practice of Law: Protecting Consumers or Restricting Competition?
The legal profession, often referred to as organized lawyerdom, frequently advocates for the stringent enforcement of Unauthorized Practice of Law (UPL) statutes. These statutes serve as a form of occupational licensure intended to protect the public by ensuring that only qualified attorneys provide legal services. However, a closer examination reveals that this strict enforcement may […]
The Attorney General’s Dilemma: Declining to Defend State Laws
A complex legal and ethical question arises when a state’s chief legal officer, the Attorney General (AG), considers whether to decline arguing in court to defend a state law they believe to be unconstitutional. This issue involves a tension between the traditional norms of the legal profession and the constitutional oath of the officeholder. The […]