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Justice Sonia Sotomayor’s ill-informed comments and questions at the recent oral argument in the challenge to the Biden Administration’s COVID vaccination mandate case (National Federation of Independent Business v. Department of Labor) provide a timely reminder that the hyper-elite legal talent on the nation’s High Court is not always what it is cracked up to be.
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AUSTIN – Gov. Greg Abbott has appointed Zina Bash and reappointed Evan Young to the Texas Judicial Council for terms set to expire on June 30, 2027, a press release states.
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Corporate, M&A and Securities Partner David Allen has joined Holland & Knight's Dallas office. He advises clients on mergers and acquisitions, capital markets and general corporate matters.
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Last year’s decision in Janus v. AFSCME (2018) is properly seen as a landmark ruling in the area of compelled speech (e.g., here and here), but it is more than that. By overruling Abood v. Detroit Board of Education(1977), the Supreme Court in Janus acknowledged that its extension of private-sector labor law precedents concerning union-security clauses to the public sector was erroneous. I have previously written about “the road to Abood” (here and here), and explained why the Court’s poorly-reasoned decisions under the National Labor Relations Act (NLRA) should not govern arrangements involving government employees. Justice Alito, who authored Janus and the decisions leading up to it, scathingly dissected the Court’s NLRA precedents, most of which were issued during the heyday of the Warren Court.
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DLA Piper announced that Daniel Tobey has joined the firm's Litigation practice as a partner in Dallas.
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My law school years (1977-80) at the University of Texas were, in hindsight, close to idyllic. I loved my first-year professors, tuition at UT was dirt cheap, Austin was a wonderful place to live, and I reveled in the “college town” ambience, which was new to me. (Prior to arriving at UT, I had never attended a college football game. During my first year—when the Longhorns went undefeated in the regular season and Earl Campbell won the Heisman Trophy–I had season tickets on the 50-yard line at UT’s gigantic Memorial Stadium, for a pittance that even a broke law student could afford.) The post-game victory spectacle—honking horns on the Drag and the Tower lit up in orange—formed indelible memories.
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AUSTIN – On Jan. 3, Gov. Greg Abbott appointed and swore in Jimmy Blacklock to the Texas Supreme Court following Justice Don Willett’s confirmation to the U.S. Court of Appeals for the Fifth Circuit.
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I have been thinking about Robert Bork recently, prompted in part by the 30th anniversary of his rejection by the Senate on November 23, 1987. Next month will mark the fifth anniversary of his passing on December 19, 2012. Bork was profoundly influential in conservative legal circles when I graduated from law school in 1980 and started paying closer attention to constitutional theory. I was impressed with both Bork’s scholarly writings and his more polemical articles in publications such as National Review. A 1982 essay he wrote in NR, entitled “The Struggle Over the Role of the Court,” reprinted in his 2008 anthology A Time to Speak, remains timely—even prescient. Ramesh Ponnuru has called Bork’s 1990 book, The Tempting of America, written in the wake of his confirmation defeat, “the most important popular statement of judicial conservatism yet produced.”
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The Texas Supreme Court has a unique structure, reflecting the state’s stubbornly independent-minded culture. Most state supreme courts have jurisdiction over civil and criminal cases and have seven (or fewer) members, who are appointed by the governor and face the voters — if at all — only for periodic “retention” elections. The Texas Supreme Court, in contrast, hears only civil appeals (criminal cases are decided by the co-equal Texas Court of Criminal Appeals) and has nine members, all of whom are subject to statewide partisan elections. The last feature is quite unusual; only seven states select judges in this manner. Despite this distinctive design, the Texas Supreme Court succeeds at steering a steady jurisprudential course in a cautious, low-key style.
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AUSTIN – Gov. Greg Abbott has appointed three people to the Texas Judicial Council, with two appointments set to expire June 30, 2021, and one appointment set to expire June 30, 2019.
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The widely publicized judicial resistance to President Donald Trump’s executive order temporarily limiting entry into the United States by foreign nationals from certain countries has focused public attention as never before on the enormous power wielded by activist judges.
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NEW YORK (Legal Newsline) — Samuel Issacharoff, the New York University School of Law professor who is representing a group of class action plaintiffs against oil giant BP, often is described as a Renaissance man.
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I recently saw some footage of former "Sixth Sense" star Haley Joel Osment, now all grown up, acting in what seemed to be a forgettable role in an even more forgettable movie.
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Television viewers fond of the "Doogie Howser" sitcom that launched the career of actor Neil Patrick Harris may never have gotten to meet a young medical prodigy in real life, but they just might encounter a legal wunderkind.
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As you read this column, thousands of recent law school graduates across the country will be recovering from taking the legal profession's rite of passage, the bar exam.
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Every now and then, I'll receive a chiding e-mail or comment from a reader, asking why so many of my columns have focused on what's wrong with the legal profession or on outrageous lawsuits or decisions.
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After the British army formally surrendered to George Washington at the Battle of Yorktown, heralding the end of the Revolutionary War, Gen. Cornwallis' once-proud military band played a tune they must have thought quite appropriate � "The World Turned Upside Down."
