Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little

All Publications, Amicus Strategy & Procedure, Commentary, US Supreme Court /

As a Big Law alumnus who writes and reads a lot of amicus briefs, I’m neither impressed nor surprised by a newly published statistical analysis, Ideological Leanings in Likely Pro Bono BigLaw Amicus Briefs in the United States Supreme Court, Harv. J.L. & Pub. Pol’y Per Curiam (Winter 2024). The analysis, conducted by Prof. Derek […]

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FDCC Speaks: Get Out Of Your Practice – Podcast Interview of Larry Ebner

Commentary, Presentations /

The Federation of Defense & Corporate Counsel‘s “FDCC Speaks” Podcast Channel provides a series podcasts of “relevant, substantive information and interviews with thought leaders and experts” from  among the organization’s membership. FDCC defense counsel member Jennifer Hoffman has been conducting a series of podcasts titled “Get Out of Your Practice,” which asks FDCC members about

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Proposition 65 Cancer Warning For Glyphosate Held Unconstitutional

Commentary, Federal Courts of Appeals /

OEHHA—the laughable acronym for the California agency responsible for requiring countless businesses to post ubiquitous Proposition 65 warning signs about hundreds of chemicals found in everyday products—has suffered a major defeat in the 9th Circuit. A panel held 2 to 1 that requiring businesses to provide a cancer warning about glyphosate (the active ingredient in

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TV Interview About Acheson Hotels v. Laufer “Internet Tester” ADA Case

Commentary, US Supreme Court /

Molly Martinez of Gray Television – which operates more than 100 local TV stations – recently interviewed me about Acheson Hotels v. Laufer, the “Internet tester” ADA case argued last week before the Supreme Court. Sarah Elizabeth Spencer & I filed an amicus brief in the case on behalf of the Atlantic Legal Foundation. You

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Larry Ebner Quoted In Law360 On Supreme Court Cases Challenging The “Administrative State”

Atlantic Legal Foundation, Commentary, US Supreme Court /

On September 29, 2023, Law360 published a feature article, ‘Administrative State’ Attacks Soar To High Court Crescendo, previewing the new Supreme Court term. I am among the Supreme Court observers quoted in the article: Rising rancor, a muscle-flexing majority and a jam-packed docket could augur a transformative term for administrative law. The upcoming term “may

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Larry Ebner Quoted In Law360 On Supreme Court Business Decisions

Commentary, News, US Supreme Court /

On June 30, Law360 published 3 Takeaways From The Supreme Court’s Session, an article providing insights about the Court’s now-completed 2022 Term. In the section called “No Banner Term for Business” I am quoted as follows: Corporations also frowned upon the Mallory v. Norfolk Southern decision upholding a Pennsylvania law that says corporations can be

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Biden’s Student Debt Forgiveness Plan Was Unforgiveably Unconstitutional

Commentary, US Supreme Court /

On June 30 the Supreme Court held in Biden v. Nebraska that the Biden Administration lacked authority under the Higher Education Relief Opportunities for Students (‘HEROES”) Act to cancel $ 430 billion in student loan debt held by 43 million borrowers. The 6 to 3 majority ruling, authored by Chief Justice Roberts, was correct as

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Sup. Ct. “General Personal Jurisdiction” Ruling Exposes Corporations To Forum-Shopping Plaintiffs

Commentary, US Supreme Court /

Here’s a question that a law school student might find on a final exam: When can a State exercise “general personal jurisdiction” over a corporate defendant? Until this week, the answer seemed clear: only in a State where a company is incorporated or its principal place of business is located. But a new 5 to

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Is A Federal District Judge’s Amicus Invitation To Junior Attorneys A Good Idea?

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles /

“What could be better than a federal judge’s open invitation that not only offers a junior attorney the incentive to be the principal author of a brie, but also the rare opportunity to present oral argument on behalf of an amicus curiae?” On March 21, 2023, Judge Lee P. Rudofsky of the U.S. District Court

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Is Mass Student Debt Cancellation Constitutional?

All Publications, Atlantic Legal Foundation, Commentary, Published Articles, US Supreme Court /

Almost all the 3 ½ hours of colloquy at the February 28, 2023 Supreme Court hearing on the student debt relief cases, Biden v. Nebraska, No. 22-506,  and U.S. Department of Education v. Brown, No. 22-535, was devoted to two issues: (1) whether the plaintiff states and/or individuals have standing to challenge the debt cancellation

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