Jessica Silver-Greenberg and Robert Gebeloff of the New York Times have a must-read story today, the first of several, on the rise of forced arbitration: "Arbitration Everywhere, Stacking the Deck of Justice." The piece weaves together the history of the silent legal coup achieved by the Chamber and the Roberts Court with stories of the […]
Category Archives: U.S. Supreme Court
This afternoon (at 2pm), I'll be testifying before the Senate Judiciary Committee on the constitutionality of the Consumer Financial Protection Bureau and the Dodd Frank Act. The title for today's hearing gives you a flavor of the sweeping (and fringe) legal theories being advanced by the CFPB's opponents: "The Administrative State v. The Constitution: Dodd-Frank […]
Sternlight has been writing about arbitration for years, and has some interesting comments about the Supreme Court's opinion last week in Sharif at the Indisputably blog. An excerpt: The Supreme Court’s most recent Article III decision, Wellness Int’l v. Sharif (2015), raises substantial questions as to the constitutional legitimacy of the Federal Arbitration Act, 9 […]
Prolific class action scholar (and former Scalia clerk) Brian Fitzpatrick of Vanderbilt Law has just posted to SSRN an interesting new paper foreseeing and lamenting the effects of his former boss's handiwork in AT&T Mobility v. Concepcion and American Express v. Italian Colors (both cases in which I had the privilege of representing the losing […]
Here's the text of CFPB Director Richard Cordray's remarks on the arbitration report, to be delivered at today's field hearing in Newark. He summarizes the legal backdrop to the Bureau's report, its empirical approach, and its key findings (which I've highlighted in bold). Well worth reading in full. Prepared Remarks of Richard Cordray Director […]
Here, in the Washington Post
Here's the transcript of this morning's Supreme Court arguments in Texas Department of Housing, the case about disparate-impact liability under the Fair Housing Act.
by Deepak Gupta Perhaps betting that the third time's a charm, the Supreme Court this morning once again granted a petition over whether disparate-impact claims — based on seemingly neutral practices with discriminatory effects — are cognizable under the Fair Housing Act. The case, Texas Deparatment of Housing and Community Affairs v. The Inclusive Communities […]
Brian posted earlier about the Supreme Court's POM Wonderful decision but I thought readers of the blog might also be interested in the views of my co-author, Dee Pridgen: POM Wonderful, the makers of pomegranate juice dietary supplement products, scored a big victory in the U S Supreme Court today The Court ruled 7-0 (with Justice […]