Legal Memorandum posted April 6, 2016
Down to Business: Supreme Court Appears Ready to Address Important Business Community Issues
The docket of the Supreme Court of the United States for its October 2014 term contained few cases with major implications for business litigation and regulation, but several did signal that at least some members of the Court are concerned about excesses of the regulatory state and are looking for opportunities to provide greater guidance in the area of administrative…
Legal Memorandum posted March 16, 2016
Appeals Court Ruling Could Threaten the Second Amendment Rights of American Citizens
On August 20, 2015, the United States Court of Appeals for the Seventh Circuit issued a decision in United States v. Mariano A. Meza-Rodriguez. This case addresses two interesting questions:
Do non-citizens have Second Amendment rights?
Even if they do have such rights, can the government criminalize the possession of guns by illegal aliens?
Backgrounder posted December 22, 2015
Illinois Pension Reform: Three Wrongs Do Not Make a Right
In May 2015, the Illinois Supreme Court invalidated a 2013 state pension reform law as violating the Illinois constitution. The law (hereinafter “Pension Reform Law”), which adjusted benefit provisions and retirement ages, was held to conflict with the part of the state constitution that reads: “Membership in any pension or retirement system of the State…shall be an…
Legal Memorandum posted November 24, 2015
Vermont Lawsuit a Test Case for GMO-Labeling Laws and the First Amendment
On May 8, 2014, Governor Peter Shumlin of Vermont signed Act 120 into law. This law will become enforceable on July 1, 2016, and is one of the country’s first mandatory-labeling laws for genetically modified organisms (GMOs). Connecticut and Maine also have passed GMO-labeling laws, and similar bills have been introduced in many other state legislatures.
Legal Memorandum posted March 13, 2015
King v. Burwell and the Mandates: What Happens If the Supreme Court Rules Against the Administration?
On March 4, the Supreme Court of the United States heard oral argument in King v. Burwell. This case is a challenge by individuals (petitioners) who do not wish to comply with the so-called minimum coverage provision of the Patient Protection and Affordable Care Act (ACA or Obamacare).
If the plaintiffs are successful, an Obama Administration rule granting certain…
Issue Brief posted December 5, 2014
Washington, D.C., Civil Forfeiture Reform: A Model for the States
On November 18, the District of Columbia City Council passed Bill 20-48, the Civil Asset Forfeiture Amendment Act of 2014. Two years in the making, Bill 20-48 touches on virtually every area of forfeiture law in the nation’s capital city. It affords new and strengthened due process protections to property owners and aims to rein in some of the more questionable…
Issue Brief posted September 19, 2014
Wage Garnishment Without a Court Order: Not a Good Idea
Right before the July 4th holiday this year, the Environmental Protection Agency (EPA) issued a direct final rule entitled “Administrative Wage Garnishment.” This rule sought to amend EPA standards for claims collections, implementing the wage garnishment provisions of the Debt Collection Improvement Act (DCIA) of 1996. It did so by incorporating by reference a…
Backgrounder posted August 26, 2014
Local Governments Can Increase Job Growth and Choices by Passing Right-to-Work Laws
Union contracts often compel employees to pay union dues or lose their jobs. This forces workers to support the union financially even if the union contract has negative consequences for them or they oppose the union’s agenda. Twenty-four states have passed “right-to-work” (RTW) laws which prevent companies from firing workers who do not pay union dues. RTW laws expand…
Legal Memorandum posted May 22, 2014
California Shell Egg Regulations Run Afoul of the Commerce Clause
In 2008, California voters passed Proposition 2, which prohibits the confinement of certain farm animals in certain ways. This law, which will enter into effect on January 1, 2015, will place California shell egg producers at a competitive disadvantage against out-of-state shell egg producers: To comply with Proposition 2, for example, California producers will need to…
Issue Brief posted April 10, 2014
Heart of Atlanta Motel: Public Accommodation Law at 50
Fifty years ago, Congress passed the Civil Rights Act (CRA) of 1964. This landmark piece of legislation outlawed certain forms of discrimination across the nation, including discrimination on the basis of race, color, religion, sex, or national origin.
One of the types of discriminatory conduct prohibited by the CRA was discrimination in public accommodation. This…