Top News

Texas AG praises Trump and Congress for rescinding ‘unconstitutional’ Arbitration Rule

David Yates Nov. 7, 2017, 1:37pm

AUSTIN – Attorney General Paxton praised President Trump for signing into law a joint resolution passed by the U.S. Senate and U.S. House of Representatives that rescinds the Consumer Financial Protection Bureau’s “unconstitutional” Arbitration Rule.

The Jones Act and the rebirth of the great American shipyard

Stefano de Stefano, candidate for U.S. Senate from Texas Nov. 7, 2017, 1:30pm

HOUSTON (November 7, 2017) -- Two years ago, I sold one of the last American offshore drilling vessels to a foreign buyer. The Ocean Titan was an obsolete jack-up rig, an equipment platform for deepwater exploration and development. Over its forty-year lifespan, American shipbuilding had been ravaged by rivals abroad and burdensome regulations at home. Today, the industry falls grievously short of the hope expressed by the drafters of the Merchant Marine Act of 1920: “that the United States shall have a merchant marine of the best equipped and most suitable types of vessels.”

Robert Bork’s Second Amendment

Mark Pulliam Oct. 23, 2017, 2:00pm

Readers of Law and Liberty may have noticed that I am a fan of Justice Antonin Scalia (for example, here and here). I am also an admirer of Robert H. Bork, whom my colleague John McGinnis has described as “the most important legal scholar on the right in the last 50 years.” Bork was a pioneer in both the field of antitrust law (with his influential 1978 book The Antitrust Paradox) and constitutional law, as the father of what we now call “originalism.” In his seminal 1971 article in the Indiana Law Journal, entitled “Neutral Principles and Some First Amendment Problems,”[1] and in his later best-selling books, The Tempting of America (1990) and Slouching Towards Gomorrah (1996), Bork eviscerated the “noninterpretive” theories of constitutional law that dominated the legal academy in the 1960s and 1970s.

I Heard the Voice of Scalia

Mark Pulliam Oct. 5, 2017, 11:09am

Justice Antonin Scalia definitely had a way with words. Law students pore over his opinions not just for Scalia’s keen analysis but to delight in the verve of his prose—pungent, clear, combative, and always colorful. Scalia aficionados also savor his books and essays, which showcase his forceful rhetoric and deft pen. Alas, the body of Scalia’s judicial decisions and scholarship, although considerable, is finite. Fortunately, Scalia fans now have a treasure trove of new material to savor, in the form of a recently-released compilation of the late Justice’s speeches, entitled Scalia Speaks: Reflections on Law, Faith, and Life Well Lived.

Expert: Three years on, Alice ruling has eliminated patents that burdened the system

Angela Underwood Oct. 4, 2017, 6:27pm

WASHINGTON – A 2014 U.S. Supreme Court ruling on "abstract" patents has hit patent litigation hard and reduced the burden on software developers in the three years since its ruling, according to two experts in the intellectual property law.

Tort reform group cheers reversal of $663M judgment against Trinity Industries

David Yates Oct. 3, 2017, 3:39pm

WASHINGTON - The American Tort Reform Association is cheering the recent reversal of a record-setting $663 million False Claims Act verdict in a case that helped land the Eastern District of Texas on ATRA’s Judicial Hellhole list two years ago.

U.S. Chamber, 17 other groups seek to vacate CFPB arbitration rule

David Yates Oct. 2, 2017, 2:33pm

DALLAS – The U.S. Chamber of Commerce, along with 17 other groups, are seeking to overturn a recent U.S. Consumer Financial Protection Bureau rule that prevents financial service providers from using arbitration as a means to settle disputes with consumers and avoid class-action litigation.

Desiccated by Judicial Dereliction

Mark Pulliam Sep. 25, 2017, 3:25pm

Originalism is a two-way street. Judges wishing to interpret the Constitution in accordance with its original public meaning must not import into their decisions policy proscriptions not actually derived from the text and structure of that document. Just as important is that textualism and originalism require judges to give force to all provisions of the Constitution, and not pick and choose which clauses to enforce.

Poll: Swing state voters in favor of No Sanctuary for Criminals Act

John Revak Sep. 18, 2017, 1:53pm

WASHINGTON – An immigration bill aimed at cracking down on sanctuary cities has broad support among swing state voters, according to a recent poll by Zogby Analytics and the Federation for American Immigration Reform.

Let’s Bust Some 21st Century Trusts

Mark Pulliam Sep. 5, 2017, 7:09pm

During the Gilded Age, so-called “captains of industry” such as Andrew Carnegie, John D. Rockefeller, and J.P. Morgan led an industrial revolution that transformed the nation with technological innovation, creating for Americans unparalleled improvements in the average standard of living and amassing great personal fortunes in the process. The spectacular success—and enormous power—of these newly minted tycoons earned them the sobriquet “Robber Baron,” even as their ruthless business tactics, such as Rockefeller’s cartelization of the oil industry through trusts, fostered new laws to regulate anti-competitive business practices, notably the 1890 Sherman Act. These measures are called “antitrust” laws, an often-forgotten tribute to the dynastic Standard Oil Trust, which at its peak controlled the refining of 90 to 95 percent of all oil produced in the United States.

Paxton files brief in support of Arlene's Flowers owner in LGBT discrimination suit

Kacie Whaley Aug. 29, 2017, 11:35am

AUSTIN – A 14-state coalition has filed an amicus brief with the U.S. Supreme Court to defend the First Amendment right of Barronelle Stutzman, a Washington-based floral shop owner who was sued over allegations of sexual orientation discrimination, the Texas Attorney General's office reported.

Bill seeks to stop disrespect of ill veterans

The Record Aug. 28, 2017, 2:43pm

More than 600,000 Texas veterans support U.S. Rep. Blake Farenthold's Furthering Asbestos Claims Transparency (FACT) Act, a bill designed to promote fairness and honesty in asbestos litigation and to increase transparency in asbestos trusts.

Judge: FACT Act would prevent 'abuse' of double-dipping

Angela Underwood Aug. 23, 2017, 1:00pm

HOUSTON – Attorneys double-dipping from asbestos trusts funds that rightfully belong to affected veterans is unacceptable, according to a past American Legion National commander and judge.

Paxton leads coalition arguing against the federal government's Persuader Rule

Dee Thompson Aug. 21, 2017, 8:22am

AUSTIN – Texas Attorney General Ken Paxton has joined with 17 other state leaders to ask the U.S. Department of Labor to permanently rescind the Persuader Rule.

Paxton files brief regarding New Mexico Ten Commandments case with Supreme Court

Angela Underwood Aug. 21, 2017, 8:19am

AUSTIN – The Supreme Court and the Ten Commandments meet again.

Supreme Court to determine future of employer arbitration agreements, lower courts divided on issue

David Yates Aug. 15, 2017, 1:39pm

NEW ORLEANS – Earlier this month, the U.S. Court of Appeals for the Fifth Circuit sided against the National Labor Relations Board, finding that Convergys Corp. has the right to require employees to arbitrate disputes against the company, keeping them from initiating class action lawsuits.

Recent patent infringement cases filed in the Eastern District of Texas

John Suayan Jul. 27, 2017, 9:58am


Americans with Disabilities Act: An Epic Tragedy of Good Intentions

Mark Pulliam Jul. 27, 2017, 9:09am

Looking back at the Americans with Disabilities Act, passed by Congress in 1990[1], one has to be struck by the extent to which the ADA’s lofty sentiments have been overwhelmed by its adverse results. If it’s true that the road to hell is paved with good intentions, then the ADA is a veritable Autobahn of wishful thinking gone awry. Yet no one seems inclined to reroute the ill-fated traffic; some states are even widening the highway with additional lanes.

Federal judge finds TC Heartland argument ‘unpersuasive,’ wants patent suit on East Texas docket

David Yates Jul. 20, 2017, 1:33pm

TYLER – The U.S. District Court for Eastern Texas, a favorite venue for patent litigation, will hold on to at least one more patent lawsuit for the time being, as a federal judge recently found a defendant’s TC Heartland argument “unpersuasive.”

Obama holdover wreaking havoc at federal consumer agency

The SE Texas Record Jul. 18, 2017, 2:11pm

Plaintiff's attorneys hate arbitration, but their hatred isn't arbitrary. It's well thought out and payday driven.