Supreme Court

One police officer opens a car door, and another looks inside. Did they search without a warrant?

One police officer opens a car door, and another looks inside. Did they search without a warrant?

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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.

A police officer who opens a car door and looks inside, without permission, probable cause, or a search warrant, violates the Fourth Amendment’s ban on “unreasonable searches.” This week, we highlight cert petitions that ask the court to consider, among other things, whether two officers likewise commit a search when … Read the rest

Civil Law

Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor Misclassification

I have many clients that use staffing/temporary agencies for securing personnel.  The danger lurking in these relationships is that the two entities (staffing company and client) may be found to be a joint employer.  Another danger, an offshoot of the joint employer problem, is that if the staffing agencies classify, or rather, misclassify, those workers as “independent contractors” when they send them to the clients, there may well be liability for the client company.  The USDOL is now onto this … Read the rest

Supreme Court

Justices put Oklahoma man’s execution on hold

Justices put Oklahoma man’s execution on hold

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The Supreme Court put the execution of Richard Glossip on hold on Friday afternoon to give the justices time to consider the Oklahoma man’s appeals. Glossip was scheduled to be executed on May 18. The court’s brief unsigned order came four days after Oklahoma Attorney General Gentner Drummond filed a highly unusual brief supporting Glossip’s request to stay his execution. Drummond explained that state officials now believe that Glossip’s conviction should not stand and that it would be “unthinkable” … Read the rest

Supreme Court

The morning read for Wednesday, May 3

The morning read for Wednesday, May 3

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Wednesday morning read:

  • New documents show how Sandra Day O’Connor helped George W. Bush win the 2000 election (Joan Biskupic, CNN)
  • Dueling narratives at the Senate hearing on the Supreme Court (Nina Totenberg, NPR)
  • Democrats call for new supreme court ethics rule amid Clarence Thomas scandal (Chris Stein, The Guardian)
  • Justices Wrestled With Court’s Power in Landmark
… Read the rest
Civil Law

EU Pharma Legislation Review Series: National MA Procedures Including the Mutual Recognition Procedure and Decentralized Procedure

The European Commission (the “Commission”) wants to “avoid unnecessary administrative and financial burdens for applicants and competent authorities.”  As such, the Commission’s proposal for a revised Directive on the Union Code Relating to Medicinal Products for Human Use (the “Directive”) retains the Decentralized Procedure (“DCP”) and Mutual Recognition Procedure (“MRP”).  Chapter III of the Directive sets out the new procedures for national marketing authorizations (“MAs”).  This includes a purely national MA procedure granted in a single Member State … Read the rest

Supreme Court

Supreme Court will consider major case on power of federal regulatory agencies

Supreme Court will consider major case on power of federal regulatory agencies

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Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.  

The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest

Civil Law

Biden Declares May As Jewish American Heritage Month

Yesterday President Biden issued a Proclamation (full text) declaring May to be Jewish American Heritage Month. The Proclamation reads in part:

 Jewish Americans continue to enrich every part of American life as educators and entrepreneurs, athletes and artists, scientists and entertainers, public officials and activists, labor and community leaders, diplomats and military service members, public health heroes, and more…. 

All Americans — including business and community leaders, educators, students, athletes, entertainers, and influencers — must help confront bigotry in all

… Read the rest