Legal Memorandum posted July 24, 2014
Boehner v. Obama: Can the House of Representatives Force the President to Comply with the Law?
Article I of the Constitution vests “All legislative powers herein granted” in Congress, while Article II, section 3 requires that the President “shall take Care that the Laws be faithfully executed.” But what happens when the President fails to execute the law?
Time and again, President Barack Obama has pushed the limits of this duty, acting unilaterally to change or…
Legal Memorandum posted June 25, 2014
Strengthening Property Rights and the U.S. Economy Through Federal Trade Secret Protection
Strong protection for intellectual property (IP) is vitally important to the health of the United States economy. IP industries account for more than 40 percent of U.S. economic growth and employment, and they create strong incentives for investments in innovation that drive future U.S. economic growth and innovation.
Currently, owners of three of the four major…
Legal Memorandum posted June 12, 2014
Filming the Watchmen: Why the First Amendment Protects Your Right to Film the Police in Public Places
Brandy Berning spent the night in a Florida jail because she used a cell phone to film a traffic stop on I-95. George Thompson of Fall River, Massachusetts, claimed that he was verbally abused, arrested, and locked up overnight for filming a profane police officer with a cell phone from his front porch. The officer was across the street in full view and within earshot…
Legal Memorandum posted June 9, 2014
Closing the Door to Foreign Lawsuits: Daimler AG v. Bauman
Midway through its October 2013 term, on January 14, 2014, the Supreme Court of the United States decided a case that will make its way into every civil procedure casebook, Daimler AG v. Bauman. The plaintiffs, residents and citizens of Argentina and Chile without any connection to the United States, initiated a federal court lawsuit in California against Daimler AG, a…