More than 50 active members of The DRI Center for Law and Public Policy’s committees, task forces, & working groups participated in terrific brainstorming sessions on October 26 at the DRI Annual Meeting in San Antonio. As the Center’s chair, I was privileged to lead the discussions along with Center Director Jay Ludlam (pictured above). Participants included DRI […]
DRI Center for Law and Public Policy Meets In San Antonio Read More »
In SEC v. Jarkesy, No. 22-859, the Supreme Court has agreed to review a Fifth Circuit opinion holding that Securities and Exchange Commission “in-house” civil administrative enforcement proceedings are unconstitutional on three grounds: (i) they deprive respondents (i.e., defendants) of their Seventh Amendment right to a trial by jury; (ii) Congress unconstitutionally delegated legislative power to the
ALF Argues That SEC In-House Enforcement Proceedings Deprive Defendants of Due Process Read More »
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
TV Interview About Acheson Hotels v. Laufer “Internet Tester” ADA Case Read More »
In BASF Metals Limited v. KPFF Investment, Inc., No. 23-232, two overseas corporate defendants in antitrust litigation involving market prices for platinum and palladium have filed a certiorari petition challenging a Second Circuit decision upholding a New York federal district court’s exercise of “conspiracy jurisdiction.” On behalf of the Atlantic Legal Foundation (ALF), I have authored and filed an amicus
ALF Urges Supreme Court To Reject “Conspiracy Jurisdiction” Read More »
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
The certiorari petition in Tardy v. Corrections Corporation of America, No. 23-129, requests the Supreme Court to resolve an inter-circuit conflict concerning Article III standing for individuals who seek access to sealed court records. The appeal arises from a Sixth Circuit decision holding that “to have standing, a plaintiff claiming an informational injury must have suffered adverse
ALF Amicus Brief Urges Supreme Court To Decide Judicial Transparency Issue Read More »
The Supreme Court has granted certiorari in Moore v. United States, No. 22-800, to review the constitutionality of the Mandatory Repatriation Tax, 26 U.S.C. § 965, a one-time tax which required U.S. taxpayers to treat as income a proportionate share of the undistributed profits of certain foreign corporations. The Ninth Circuit upheld the tax, asserting that “realization of income is
ALF Brief Predicts Devasting Impacts If Congress Can Tax Unrealized Gains As “Income” Read More »
The Atlantic Legal Foundation long has been the nation’s leading advocate for use of sound science in judicial and regulatory proceedings. ALF’s advocacy in the famous Daubert trilogy of Supreme Court cases significantly contributed to the adoption of the reliability standard incorporated into Federal Rule of Evidence 702, which governs admissibility of testimony by expert witnesses. And ALF’s insistence
It’s Time For Attorneys & Courts To Use the Amended Expert Witness Rule Read More »
Last April, the Supreme Court’s unanimous combined judgment in Axon Enterprise, Inc. v. FTC & SEC v. Cochran opened federal district court doors to litigation challenging the structural constitutionality of civil administrative enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges. This
Almost 40 years ago the Supreme Court held in Chevron U.S.A v. Natural Resources Defense Council, 467 U.S. 837, 844 (1984), that “a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” This Chevron doctrine “directs courts to accept an agency’s reasonable resolution of an ambiguity in
ALF Argues No Chevron Deference For Unconstitutional Interpretations Read More »
