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ADA Amendments Act: The Case against Retroactive Application
The ADA Amendments Act (“ADAAA” or “Amendments”) was signed into law September 25, 2008, with the intention of “restor[ing] the intent and protections of the Americans with Disabilities Act.” The...
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NAACP Sues Wells and HSBC for Reverse Redlining
On Friday, March 13, 2009, the NAACP sued HSBC and Wells Fargo alleging that these lenders forced African Americans into subprime mortgages while whites with identical qualifications got loans on more...
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South Carolina to Mimic Arizona's New Immigration Law?
A South Carolina Senate subcommittee currently is considering a proposed bill that, like Arizona's recently-enacted law, would allow local law enforcement to check the immigration status of anyone they...
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Supreme Court Hears Argument on Fourth Amendment Limits to Jail Strip Searches
The Supreme Court heard oral argument on two consolidated cases, Florence v. The Board of Chosen Freeholders of the County of Burlington. Two well-known and experienced members of the United States...
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Your Phone Knows More About you Than you Mom Does
Ad Age recently posted an article addressing the meteoric rise and overwhelming dominance of the smartphone. At the end of this holiday season, over 50 percent of mobile phone users will be using a...
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Supreme Court Update
The Supreme Court heard argument on November 7 in Zivotofsky v. Clinton, No. 10-699, a case involving the “political question” doctrine and the scope of the President’s authority over the conduct of...
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Supreme Court of the United States To Reconsider Affirmative Action in Higher...
The Supreme Court of the United States will reconsider the issue of affirmative action in higher education for the first time since its 2003 decision in Grutter v. Bollinger. In Grutter the Court held...
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EEOC Adopts Plan to Address Systematic Discrimination in the Workplace
The U.S. Equal Employment Opportunity Commission ("EEOC") recently announced the adoption of a four-year strategic plan that focuses on, among other things, continued efforts to address "systemic...
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Is Google Googling You?
If you use the Google search engine (and I’m guessing that includes pretty much everyone) you may have noticed a text box appearing on the screen during the past couple weeks, imploring you to read...
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2(B), or not 2(B) – Show Me Your Papers Survives to See Another Day
On Monday, our United States Supreme Court promised plenty of work for our brothers and sisters on the nation’s border states practicing governmental liability law. In Arizona v. United States, 567...
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When Do Criminal Proceedings Stay Civil Discovery?
From time to time I encounter cases where a party is subject to both criminal and civil proceedings arising from the same circumstances. Examples include drunk drivers involved in car accidents,...
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“Get a Warrant” – A (Finally) Clear Statement of Law
How many of us have admitted that our phone is our life? Well, on June 25, 2014, the United States Supreme Court agreed, and, relying on that phrase, held that search of a cell phone generally...
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Seventh Circuit finds Indiana’s Marriage Solemnization Statute Unconstitutional
Yesterday, the Seventh Circuit ruled that Indiana’s statute regarding who may solemnize a marriage violates the Equal Protection Clause of the Fourteenth Amendment as well as the First Amendment,...
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Section 1981 Does Not Prohibit Religious Discrimination, Holds Seventh Circuit
On Thursday, the Seventh Circuit held that 42 U.S.C. 1981 does not protect against religious discrimination. In Lubavitch-Chabad of Ill., Inc. v. Nw. Univ., No. 14-1055, 2014 WL 5762937 (7th Cir. Nov....
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Selma – The Screenwriter’s Dilemma
The movie Selma, which chronicles Dr. Martin Luther King Jr.’s 1965 voting rights campaign, has received critical acclaim and an Oscar nomination for best picture. It has also generated controversy...
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