Wayne County Judge Continues to Defy the First Amendment

by Paul Alan Levy A status conference was held today in connection with Maged Moughni’s motion to vacate the impermissible prior restraint that Judge Kathleen McDonald issued a month ago, forbidding Moughni to discuss in public the class action lawsuit brought against McDonald’s for selling haram Chicken McNuggets that had been advertised as halal, or […]

“Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations”

That's the name of this article by Thomas Stipanowich and J. Ryan Lamare. Here's the abstract (with my italics added on the reference to consumer and products-liability arbitration): As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In […]

Will New US-EU “Trade” Negotiations Be Abused to Break Down Consumer Protection Standards on Both Sides of the Atlantic?

The Trans-Atlantic Consumer Dialogue ("TACD") a coalition of consumer organizations in both Europe and North America, has fired a shot across the bow of both the Obama Administration and the leadership of the EU, warning that "improving trade" through the proposed Transatlantic Trade and Investment Partnership ("TTIP") should not be a smokescreen for watering down […]

Illegal foreclosures against service members

That's the topic of this Dealbook article, which explains that banks have foreclosed on members of the military in violation of the Servicemembers Civil Relief Act. Here's an excerpt: The nation’s biggest banks wrongfully foreclosed on more than 700 military members during the housing crisis and seized homes from roughly two dozen other borrowers who […]

Ray Brescia Paper Calls for Strengthening the CRA

Raymond H. Brescia of Albany has written The Community Reinvestment Act: Guilty, but Not as Charged.  Here's the abstract: Since its passage in 1977, the Community Reinvestment Act (CRA) has charged federal bank regulators with "encourag[ing]" certain financial institutions "to help meet the credit needs of the local communities in which they are chartered consistent […]

DOJ Responds to the D.C. Circuit’s “Noel Canning” Recess-Appointment Decision

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 not proper recess appointments. Therefore, the court ruled, the appointments were invalid because they did not go through the Constitution's normal appointments process — presidential nomination and […]