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Latest Episodes

Courthouse Steps Oral Argument: Starbucks Corp. v. McKinney
May 02, 2024

Starbucks Corp. v. McKinney sits at an interesting intersection of Labor and Administrative law. The facts of the case concern Starbucks Corp.'s alleged retaliation against seven Memphis workers for u

Nuziard v. MBDA: What is the Future of Equal Protection Litigation?
May 01, 2024

On March 5, 2024, U.S. District Court Judge Mark Pittman of the Northern District of Texas entered a declaratory judgment and nationwide injunction against the Minority Business Development Agency, pr

Déjà Vu all over again? The Return of Network Neutrality
April 30, 2024

In 2002, under Chairman Michael Powell, the FCC passed the Cable Modem Order which classified cable modem internet service providers (ISPs) as not subject to common carrier non-discrimination requirem

Discrimination By Proxy?: Arlington Heights Cases in the Post Students for Fair Admissions Era
April 30, 2024

In the consolidated Students for Fair Admissions cases, the Supreme Court held unlawful the use of race in undergraduate admissions at Harvard University and the University of North Carolina. Many col

Standing and Section 2: Does Section 2 of the Voting Rights Act Provide a Private Right of Action?
April 26, 2024

In 2021, in Arkansas State Conference NAACP v. Arkansas Board of Apportionment, private litigants sued to challenge the Arkansas state House redistricting map as violating Section 2 of the Voting Righ

Litigation Update: Ream v. U.S. Department of Treasury - Is Home-Distilling Commerce?
April 26, 2024

John Ream, an engineer and owner of Trek Brewing Company which creates craft beers in Newark, Ohio, is suing the U.S. Department of Treasury over the regulations that prohibit distilling spirits and h

Cooperation Credit, Privileges, and Possible Landmines for Attorneys and Clients: Implications of US v. Coburn
April 26, 2024

In February 2022, a District of New Jersey court in United States v. Coburn compelled a private company to produce internal investigation materials to two of its former executives, who had been indict

Courthouse Steps Preview: City of Grants Pass, Oregon v. Johnson
April 23, 2024

City of Grants Pass, Oregon v. Johnson concerns whether the sections of the Grants Pass Municipal Code which prohibit sleeping/camping on public property like parks and streets constitute "cruel and u

Courthouse Steps Oral Argument: City of Grants Pass, Oregon v. Johnson
April 22, 2024

City of Grants Pass, Oregon v. Johnsonquestions if prohibiting sleeping/camping on public property under the Grants Pass Municipal Code breaches the Eighth Amendment's ban on "cruel and unusual punis

Jurisdiction Stripping: Fact & Fiction Flowing Through the Mountain Valley Pipeline Case
April 18, 2024

Generally, when Congress strips courts of jurisdiction, it does so by implementing broad, forward-looking, statutory bars that insulate agency decisions or foreclose appeal. In response to the protrac