Last Friday, Paul Levy posted on the Michigan Court of Appeals' new ruling, Thomas Cooley Law School v. Doe, concerning the rights of anonymous on-line critics to retain their anonymity during litigation. Karen Sloan has now written this article providing more details on the ruling and quoting Paul.
Author Archives: Brian Wolfman
Last Friday, the National Highway Traffic Safety Administration issued its 2011 National Occupant Protection Use Survey (NOPUS). The agency explains that "at any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010. According to separate NHTSA data, more […]
by Brian Wolfman In this SCOTUSblog post, Adam Chandler has repeated a study he did five years ago of cert-stage amicus filings at the U.S. Supreme Court. Chandler took a look at every cert.-stage amicus brief filed between May 19, 2009, and August 15, 2012. He found that "the [U.S.] Chamber [of Commerce] has cemented […]
by Brian Wolfman Congress crafts the outlines of federal regulation — sometimes providing little direction and other times giving more specifics — and delegates the rest of the job to expert federal agencies, which are duty bound to protect the people's interests in health, safety, and economic well-being (taking into account feasibility, costs and benefits, […]
We've posted many times about the D.C. Circuit's Noel Canning decision, which held that three putative recess appointments made by President Obama to the National Labor Relations Board were, in fact, not proper recess appointments and were thus invalid. Go, for instance, here, here, and here. Last week, the Congressional Research Service issued a report entitled The […]
On Monday, we posted about Chana Joffe-Walt's piece for "This American Life" called "Unfit for Work: The startling rise of disability in America." Joffe-Walt chronicled the rising number of people on federal disability benefits and discussed poor U.S. counties (focusing in particular on one county in Alabama) where 25% of all working age people receive […]
It is widely believed that a major cause of the financial crisis and economic collapse that began in 2008 was the extension of home loans to people who could not afford them. The Clinton and Bush Administrations have been criticized for promoting policies of loose home lending backed by federal guarantees. Today, it's harder for […]
by Brian Wolfman At this blog, we have covered issues of employment discrimination. Our posts have mainly concerned employment discrimination on the basis of someone's characteristic or status. But employers sometimes discriminate against prospective or current employees based on behavior, such as whether the prospective or current employee is a tobacco user. Apparently, an increasing […]
It's not Groundhog Day, but, yes, you've heard this story before. During the presidential election campaign, student loan interest rates were going to double unless Congress acted to keep them low (3.4%), and Congress acted. And, now if Congress doesn't act by July 1, rates will double. Read about it here, or check out this […]
A few days ago, we posted about the cert petition pending in the Supreme Court in Whirlpool Corp. v. Glazer. In that case, the plaintiffs allege that their Whirlpool washing machines have a design defect that makes them prone to mold and noxious odors. The Sixth Circuit decision had affirmed class certification. Whirlpool's cert petition […]