Category Archives: Uncategorized

Three quick reads after King v. Burwell

In light of yesterday's Affordable Care Act ruling, King v. Burwell, take a look at three short pieces. First, read this scotusblog post by law prof Einer Elhauge, which discusses the methodological approaches behind both Chief Justice John Roberts' majority opinion and Justice Antonin Scalia's dissent. Second, also in scotusblog, read Amy Howe's "In Plain […]

Key paragraph of Chief Justice Roberts’ opinion in King v. Burwell

Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all  possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter. Section 36B can fairly be read consistent with what we see as Congress’s plan, and that is the […]

Court rejects for-profit colleges’ challenge to Department of Education “gainful employment” rule

As the AP reports (via Huffington Post): A federal court has ruled in favor of tough new regulations aimed at career training programs, dealing a major blow to the for-profit college industry. In an opinion released Tuesday, the U.S. District Court for the District of Columbia ruled the Education Department has the right to demand […]

DOJ brings criminal charges in payday lending case

The Department of Justice this week charged a payday lender with conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to commit mail fraud and wire fraud, and mail fraud, and aiding and abetting mail fraud. Although there is even more, here is the gist of the government's case: According to the […]

CFPB reports on illegal practices uncovered in 2015

The Consumer Financial Protection Bureau has released its latest supervision report outlining the illegal practices uncovered by the CFPB in the first four months of 2015. It found problems with • dual-tracking at mortgage servicers that could mislead consumers to believe their trial modifications were canceled, • lack of quality control measures at consumer reporting […]

Gag Orders That Protect Grand Jury Subpoenas to Identify Anonymous Speakers

by Paul Alan Levy Now that a federal court gag order against it has been lifted, Reason Magazine has now published its own comments, and a number of other bloggers have been writing as well, about Reason’s experience with a grand jury subpoena seeking to identify anonymous online commenters.  In response to an article about […]

Illinois Supreme Court Orders Identification of Anonymous Critic

by Paul Alan Levy In a decision issued yesterday in Hadley v. Subscriber Doe a/k/a Fuboy, the Illinois Supreme Court affirmed lower court rulings that an anonymous commenter who responded to a local newspaper article by calling a local politician a “Sandusky waiting to be exposed,” making particular reference to the fact that he could […]