Over the past decade, several city governments across the country have filed suits against banks pursuant to the Fair Housing Act seeking redress for municipal damages caused by the banks’ discriminatory lending practices. Following the ruling in Bank of America Corp. v. City of Miami, lower courts are now confronting the question of where to “draw the line” of proximate causation under the Fair Housing Act.
Integration in schools and housing often seems to be positioned as a zero-sum game; whites versus people of color. One strand of this argument suggests that if schools and neighborhoods remain segregated, as they presently are, white families will remain the winners.
A limited strict liability tort regime is the most versatile and customizable standard for judging these actions in the current climate. This will allow lethal fully autonomous weapons systems to fall under a strict liability regime, while semi-autonomous and non-lethal autonomous weapons will fall under a negligence standard.
When a company’s connections and conduct in a state are so persistent and render it benefits to the tune of millions of dollars in profit, subjecting it to personal jurisdiction in the forum with those contacts does not violate due process standards.
Playlists have become more prevalent in society, due to the proliferation of streaming services, and providing a carve-out exception for their protection under federal copyright law would bolster the creative processes the founders aimed to protect.
As a Canadian, I find somewhat problematic the view that unrestricted speech should be protected in the name of everyone’s right to speak, regardless of content, on the theory that the answer to bad speech is good speech.
Lenity was doomed from the start. The rule of lenity purports to serve two important constitutional objectives. First, it serves to preserve the separation of governmental powers. Second, lenity serves the constitutional right of fair warning found in due process. But while the United States Supreme Court purports to uphold both Constitution-based rationales, it routinely favors one over the other.
What is citizenship? This is a simple question with a complex answer. Citizenship means voting and serving on juries, except when it did not and except when it does not; it did not for quite some time. Today, citizenship does mean voting, except for felons and except in states that exclude those with intellectual and other cognitive disabilities.
Obergefell’s rhetoric of marital supremacy should have little direct impact on the legal rights of nonmarital couples. It does not create a sword to strike down marital status discrimination, but neither does it herald the retreat of constitutional protections for nonmarital families.
The United States’ Foreign Agent Registration Act (FARA), has recently come into the spotlight due to its use in the ongoing Russian election interference investigation. But the United States’ foreign agent restriction is only one of many.