Supreme Court

FBI asks justices to wade into No Fly List dispute

FBI asks justices to wade into No Fly List dispute

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Someone who files a lawsuit over wrongful treatment might be pleased if the defendant stops its allegedly harmful conduct, rendering the case moot – that is, no longer a live case or controversy. But under the so-called voluntary cessation doctrine, plaintiffs may continue to press their case unless the defendant … Read the rest

Civil Law

Frank Burke Inducted Into National Academy of Distinguished Neutrals

Happy 2023! I am pleased to announce that I have been inducted into the National Academy of Distinguished Neutrals (NADN) for both mediation and arbitration. I am thrilled to be invited to join such an elite group of mediators and arbitrators. 

The National Academy of Distinguished Neutrals is a professional association whose membership consists of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution. Membership is by invitation only and all Academy members … Read the rest

Supreme Court

Elon Musk, internet freedom, and how the Supreme Court might force big tech into a catch-22

Elon Musk, internet freedom, and how the Supreme Court might force big tech into a catch-22

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“The bird is freed,” Elon Musk tweeted on the night he completed his $ 44 billion purchase of Twitter.

What he didn’t say is that a series of court cases may soon clip its wings.

A self-described free-speech absolutist, Musk has suggested he will loosen Twitter’s content-moderation rules, allow more objectionable speech to remain on the site, and reinstate some users who have been banned. Three days after reassuring advertisers that he won’t let Twitter become a “free-for-all hellscape,” he … Read the rest

Supreme Court

EPA’s authority over wetlands is at stake as justices wade back into regulatory morass

EPA’s authority over wetlands is at stake as justices wade back into regulatory morass

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When the Supreme Court returns to the bench on Oct. 3 for the start of its new term, it will begin with a case that is not new to it. In Sackett v. Environmental Protection Agency, the justices will once again weigh in on an Idaho couple’s efforts to build on land that they own – specifically, what test courts should use to determine whether the Clean Water Act applies to the land, which the EPA has deemed … Read the rest