Inconsistent Views on Waiving Rights in Employment
The Court has set two different standards for when employees can waive their workplace rights.
Is There Any Role Left for Federal Regulation of Sports Wagering?
Despite a watershed ruling, the gaming industry must still contend with onerous and redundant state oversight.
The Implications of the Supreme Court’s Wayfair Decision
In overruling a key barrier to states taxing Internet sales, the Court raises questions for future litigation.
Challenging the Anti-Regulatory Narrative
The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.
Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens
Uncertainty remains surrounding the fate of non-citizens seeking a home in the United States.
Right-to-Work Reaches Public Unions
Court holds that agency fees are compelled speech prohibited by the First Amendment.
The End of Challenges to Partisan Gerrymandering
Challenges to redistricting are unlikely to be successful after recent Supreme Court decisions.
Measuring Bias in the Administration of Justice
While skirting the First Amendment, the Court set a potentially far-reaching standard for finding bias.
Lucia Turns Out to Be Much Ado About Nothing
The Court’s decision about administrative judges skirts major separation of powers questions.
The Quagmire Created by National Association of Manufacturers v. DOD
Ruling may lead to protracted and conflicting litigation over EPA’s Clean Water Rule.
Federalism Comes Out as the Winner in Murphy v. NCAA
The Supreme Court’s ruling on sports betting has broad implications for anti-commandeering issues.
Continuing to Trade One Form of Discrimination for Another
The Supreme Court again decries one form of discrimination while upholding another.