That's the name of this article by Caroline Flynn. Here's the abstract: The First Amendment prohibits the government from leveraging its employment relationship with a public employee in order to silence the employee’s speech. But the Supreme Court dramatically curtailed this right in Garcetti v. Ceballos by installing a categorical bar: if the public employee […]
Author Archives: Brian Wolfman
In an 6-3 decision authored by Justice Ruth Bader Ginsburg, the Supreme Court held today in Amgen v. Connecticut Retirement Plans that plaintiffs in a federal securities-fraud class action need not prove that the defendant's allegedly fraudulent statements were material to obtain class certification. Justice Ginsburg's opinion contains this nice synopsis: The issue presented concerns the […]
As explained in this article by Jessica Dye, U.S. district judge Jed Rakoff has thrown out a suit brought by a lawyer against Westlaw and Lexis claiming a copyright in documents he created and filed in court. That may be good news for consumers looking for access to court documents. The case is called Edward […]
I thought our readers might be interested in reading this speech given today by Consumer Financial Protection Bureau director Richard Cordray to the National Association of Attorneys General. Among other things, he stressed (1) a need to make mortage lending simpler and more transparent; (2) a preference that more consumer-protective state laws not be preempted; […]
That's the title of this article in which law professor Suzanna Sherry argues that criticisms of "judicial activism" are misguided. If anything, Sherry says, the Supreme Court should override federal and state legislative judgments more often than it does. She notes that the Supreme Court's "universally condemned" decisions more often left legislation standing than struck […]
by Brian Wolfman Need another reason to avoid next year's long, self-congratulatory Oscars' awards? How about that the movie industry is the principal lobbyist for, and the prime beneficiary of, government largesse that may be eating away at your kids' school funding or support for your local fire fighters? We know that tax-paid consumer services […]
Sarah Kliff reports here that Researchers combed through data available from the 15 states that publicly post all requests for rate increases in the individual market. They found that, in 2009, 74 percent of all requests came in above 10 percent. By 2012, that number had fallen to 35 percent. Preliminary data for 2013, which […]
by Brian Wolfman Think about these things: The "tax gap." In 2006, the "tax gap" — the difference between the taxes owed by Americans and the taxes that they pay — was a stunning $450 billion. The IRS then went out and enforced the tax laws and recovered $65 billion, making the net tax gap […]
Read this story by Jessica Silver-Greenberg. She reports that just as 15 U.S. states have banned payday loans, some of the world's biggest banks are playing a key role in facilitating the loans in a way that aims to evade those states' laws. Here's an excerpt: Major banks have quickly become behind-the-scenes allies of Internet-based […]
by Brian Wolfman After the Supreme Court's decision last June largely upholding the Affordable Care Act (ACA), we asked this question: Which states, if any, will back out of the Medicaid expansion? As you will recall, the Supreme Court ruled 7-to-2 that the states have the right to back out of the ACA's large Medicaid […]