Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean ...

A seemingly routine Sixth Circuit appeal involving the interpretation of the federal Employee Retirement Income Security Act statute (ERISA) recently sparked an interesting debate between two Circuit ...

My colleague Sam Bray, who is one of the nation's leading remedies experts, and also someone whose judgment I very much trust, passes along this note highly ...

The article explains a legal split on whether the IRS can extend the tax assessment period based on a third party’s ...

Today’s 8-1 ruling in Badgerow v. Walters on an arcane issue under the Federal Arbitration Act displays a sharp divide between the textualism of Justice Kagan’s majority opinion and the ...

In McLaughlin Chiropractic Associates v. McKesson, the Supreme Court held that district courts are not bound by the FCC’s ...

Just before the end of 2022, the Ohio Supreme Court decided the case TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors. In TWISM, the Court took steps similar to ...

Wednesday, the California Supreme Court denied review in this case (for more on the lower court case, see this post by Jonathan Adler and this one by Ilya Somin); Chief Justice Tani Cantil-Sakauye, ...

Jonathan Skrmetti is chief deputy attorney general of the state of Tennessee, which filed an amicus brief on behalf of 15 states in support of the employers in Bostock v. Clayton County and Harris ...

ONE of the most familiar facts concerning our political system is the division of powers between the legislative, executive, and judicial branches of the government. Hardly less familiar is the ...

Phil Washington, President Biden’s nominee to serve as administrator of the Federal Aviation Administration, faces a potential obstacle to his confirmation: Some members of Congress believe that he is ...

Its statutory basis means that statutory construction is going to be front and centre when cases start coming through the courts, and lawyers are going to need to be well-versed in how the principles ...