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Lisa Blatt and Tom Goldstein

On Monday, October 27, at 6 p.m., we’ll be hosting an awesome Above the Law event in Washington, D.C.: a look at the current Term of the Supreme Court of the United States.

Our managing editor, David Lat, will moderate a discussion featuring two of the nation’s foremost Supreme Court advocates: Lisa Blatt, head of the appellate and Supreme Court practice at Arnold & Porter, and Tom Goldstein, partner at Goldstein & Russell and publisher of SCOTUSblog. Blatt and Goldstein have collectively argued more than 60 times before the Court.

There are many SCOTUS previews taking place around town over the next few weeks, but we promise you that the ATL event will be especially fun and lively. We will offer food, drink, and excellent company.

This event is free of charge. If you’d like to attend, please request an invite below. Thanks!

Supreme Court SCOTUS photo by David Lat

Could the third time be the charm? Today, the U.S. Supreme Court granted the petition for certiorari filed in May 2014 by the Texas Department of Housing and Community Affairs (Texas DHCA) in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.

The case gives the Supreme Court its third opportunity since 2012 to rule on the issue of whether disparate impact claims are cognizable under the Fair Housing Act. The prior two cases, Twp. Of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. and Magner v. Gallagher, were both settled after the completion of briefing but before the Court could hear oral argument and answer the question presented. This time around the Court granted the certiorari petition without first soliciting the views of the Solicitor General.

double red triangle arrows Continue reading “U.S. Supreme Court grants certiorari (again) in FHA disparate impact case”

VoteEd note: This post originally appeared on CommLawBlog.

With SuperPAC money flowing and political ads running on Internet streams, caution in dealing with political spots is in order.

There may be just a few weeks remaining in this election season, but broadcasters should be paying attention – now and in future elections – to an important aspect of the political advertising business: the extent to which they may be able to demand changes in, or refuse to air, political ads because of their content. One key protection that covers the broadcast of some political spots does not cover all such spots, and it definitely does not appear to cover any non-broadcast distribution of even the spots that are protected when broadcast.

double red triangle arrows Continue reading “On Censoring Political Ads”


stat image

How much for a “disease domain”?

double red triangle arrows Continue reading “Stat Of The Week: This Is Exactly Why We Have Intellectual Property Rights”

Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.

So what all are we up to this time?

double red triangle arrows Continue reading “ATL Editors Coming To Your Town”

Gavel

On July 14, 2014, the Court in United States v. University of Nebraska at Kearny (No. 4:11CV3209) took a significant step in support of Federal Rules 1 and 26. Magistrate Judge Cheryl R. Zwart denied plaintiff’s motion to compel defendants to use plaintiffs’ proposed search terms to cull electronically stored information (ESI) for review and production. The Court’s order effectively discharged defendants’ obligation to produce any ESI. And the Court issued this order notwithstanding both that 1) the parties had agreed to a stipulation summarizing protocol for the production of ESI shortly after the outset of the case, and 2) plaintiff previously produced ESI as part of its production to defendants’ discovery requests. In short, plaintiffs’ unwillingness to fairly compromise as to the breadth of search terms aimed at reasonably limiting the scope of ESI production came back to bite.

double red triangle arrows Continue reading “Tread Lightly: eDiscovery Greed May Leave You With None At All”

house home RF

The CFPB has issued a white paper on the manufactured housing market, including how manufactured housing is financed and the types of consumers who purchase or rent such housing. In the paper’s introduction, the CFPB explains that although manufactured housing only accounts for six percent of all occupied housing and a much smaller fraction of U.S. home loan originations, such housing is of interest to the CFPB because it is a source of affordable housing particularly for rural and low income consumers and may raise consumer protection concerns due to the nature of the retail and financing markets for such housing. The report relies on publicly available data, including HMDA data, proprietary data voluntarily provided to the CFPB and information obtained through outreach to industry groups, consumer groups, government agencies and “a variety of market participants and observers.”

The paper’s key findings include:

double red triangle arrows Continue reading “CFPB Manufactured Housing White Paper May Presage Future Regulation”

Thanks to our advertisers here at Above the Law:

If you’re interested in advertising on Above the Law or any other site in the Breaking Media network, please download our media kits or email advertising@breakingmedia.com. Thanks!

Cue the fanfare.

ATL is heading to Philadelphia….

double red triangle arrows Continue reading “The Gang Goes Drinking In Philly”

Ebola

Returning from a trip to West Africa with some college buddies, Ben X. Posed, a waiter at Chotchkie’s, showed up for work with a fever, muscle aches, a strong headache, and stomach pains. Begging his boss Dee Manding for the rest of the day off, Ben complained of his aches and pains and told of his overnight stay where one of the villagers recently died from Ebola. Dee Manding refused any time off explaining he was short-staffed. The next day Ben was hospitalized with a confirmed case of Ebola. Are Dee Manding and Chotchkie’s liable if other employees, or patrons, contract Ebola?

double red triangle arrows Continue reading “Ebola in the Workplace – Dangerous to Employers”

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