Discordant Frequencies: Is the UPC Truly a Jurisdiction?
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My Hoover Institution colleague Philip Zelikow was kind enough to pass this along; he is an emeritus history professor at the University of Virginia, but also a lawyer: On June 1, Yale's Jed Rubenfeld published an essay on The Free Press criticizing the recent legal ruling on Trump's tariffs. "The Judges Got It Wrong: Trump's Tariffs Are Legal." The subtitle adds: "The words of a 100-year-old law are clear, says Jed Rubenfeld. So why didn't Trump's lawyers mention it?" Professor Rubenfeld is referring to broad empowering language in a section of the infamous Smoot-Hawley act of 1930 that allowed a president to impose tariffs of up to 50% on countries that burdened U.S. commerce. There is a straightforward answer to the question of why Trump's lawyers didn't mention this. Well, no one cites it because this part of Smoot-Hawley was superseded long ago. The issue has never been litigated because this section has never been…
The College of Law Library is celebrating Pride Month! Observed during the month of June, Pride Month commemorates the anniversary of the Stonewall Riots in June 1969 where patrons of the Stonewall Inn in New York City fought back against unjust police harassment. The first Pride parades were held a year later, as a call-to-action surrounding various issues impacting the LGBTQ+ community, and a remembrance of the events that took place at the Stonewall Inn. In celebration of Pride, the College of Law Library is putting up a display of books from our shelves relating to LGBTQ+ issues and experience in the United States. The display can be found next to the Reference desk, and the books included are listed below with brief descriptions. Feel free to view the display and check any of the books out to read for yourself! To learn more about the history of Pride, see this article: What is Pride Month? A Short History of Pride | Them Books on Display: Out and About: The LGBT…
Julie Fitzsimons Sheridan Accident: Can Family Find Justice? We have over 25 years of experience representing victims of pedestrian and motor vehicle accidents across the United States, and we have recovered nearly $250 million dollars for our Clients. Read Our Legal Take below to find out what legal options are available to the family of Julie Fitzsimons. Julie Fitzsimons Sheridan, WY Pedestrian Accident. (TheSheridanPress.com) Sheridan, WY – A motor vehicle/pedestrian accident Wednesday afternoon, May 28, 2025, tragically claimed the life of an Australian woman. As reported by K2Radio.com, “[a] 69-year-old Australian resident named Julie Fitzsimons [tragically lost her life] after being struck by a Ram 1500 pickup truck in Sheridan, Wyoming. The crash happened on May 28 at about 12:17 PM. Fitzsimons was crossing the street at the North Main and 5th Street intersection.” BuffaloBulletin.com reports that “Fitzsimons, who was from Australia,…
Jerome Burley Shooting Augusta. Justice for Family? Our firm has over 25 years of experience representing victims of security failures across Georgia, and we have secured nearly $250 million dollars for our Clients. Read Our Legal Take below to find out what legal options are available to the family of Jerome Burley. Jerome Burley Killed in Augusta, GA Apartment Complex Shooting. (WRDW.com) Augusta, GA – Gunfire rang out at an apartment complex Monday morning, June 2, 2025, leaving one man dead. As reported by WJBF.com, “[t]he incident happened at [apartments] on Wrightsboro Road. One person was injured and taken to the hospital where he later died.” WRDW.com is reporting, “Jerome Burley, 25, of Augusta, was shot at least once…Burley was pronounced dead at 9:26 a.m.” According to the report, “[a]lthough the apartment complex has been remodeled, renamed and is under new ownership in recent years, the shooting is part of a pattern…
In this episode of Trials and Tribulations, we sit down with Kristyn Berger, President of Berger HR Solutions, to uncover the most underrated yet essential tool in any employer’s toolbox: documentation. From the dangers of vague write-ups to the legal and cultural benefits of keeping detailed, objective records, Kristyn […] The post The Power of Paper: HR Documentation Done Right appeared first on The Law Firm of J.W. Stafford, L.L.C..
Goodwin Procter ends agreement with recruiter who called its diversity decisions ‘shameful’
SCOTUS will consider whether Illinois congressman has standing to challenge ballot-counting law
Boycotting law clerks to pressure schools might ‘cross an important line,’ 8th Circuit chief judge says
A tragic pedestrian accident occurred on Saturday night, May 31, 2025, when a person was struck and killed by a BMW on Piner Road in Sonoma County, just outside the Santa Rosa city limits. The California Highway Patrol is investigating the circumstances surrounding this deadly collision. Details of the Piner Road Fatal Accident The fatal pedestrian accident took place at approximately 11:34 p.m. on Piner Road, east of Willowside Road. According to CHP investigators, the pedestrian was walking south across the roadway when they entered directly into the path of an eastbound BMW vehicle. The impact proved fatal, and the pedestrian was pronounced dead at the scene. Emergency responders arrived quickly, but the severity of the injuries made lifesaving efforts unsuccessful. This section of Piner Road is known for its rural characteristics, with limited street lighting and no sidewalks for pedestrian use. The area east of Willowside Road sees regular vehicle traffic but is not…
Yesterday, I shared some early figures from the UPC Court of Appeal, offering a glimpse into how the Court operates two years after its launch. But those reflections lingered long after I closed my laptop. They kept me up — long enough to return to a thornier, more theoretical question that has remained unresolved since the heated debates of 2012: If the UPC is part Rammstein (precision-engineered Teutonic riffs) and part The Clash (raw London punk energy), can it truly be considered a “court or tribunal of a Member State” within the meaning of Article 267 TFEU? Article 267 TFEU empowers “any court or tribunal of a Member State” to request preliminary rulings from the CJEU, establishing a structural and functional test that the CJEU has refined over decades of case law—Vaassen-Göbbels (Case 61/65, 30 June 1966), Nordsee (Case 102/81, 23 March 1982), CILFIT (Case 283/81, 6 October 1982), Corbiau (Case C-24/92, 30 March 1993) and…
A big rig crash on Highway 99 near Fresno has left one driver hospitalized with significant injuries, highlighting the dangerous consequences of reckless driving and the importance of highway safety measures. The Saturday evening crash involved a Ford Taurus that struck a stopped commercial truck at high speed, demonstrating how quickly traffic situations can turn deadly. Details of the Highway 99 Collision The accident occurred on the southbound shoulder of Highway 99 near Fresno Street when a Ford Taurus driver, reportedly operating the vehicle recklessly, crashed into the rear of a stopped big rig trailer. According to the California Highway Patrol (CHP), the commercial truck had pulled over due to mechanical issues and was legally positioned on the highway shoulder when the collision occurred. The impact caused significant damage to the Ford Taurus, and the driver, who was not wearing a seatbelt at the time of the crash, sustained significant injuries requiring immediate…
[Justice Kavanaugh: “this Court should and presumably will address the AR–15 issue soon.”] After fifteen re-listings, on June 2 the Supreme Court denied cert in Snope v. Brown, which concerns Maryland's ban on semiautomatic rifles, and Ocean State Tactical v. Rhode Island, which concerns Rhode Island's magazine ban. I previously discussed these cases here. Cert denial in Ocean State was more predictable, even though Justices Thomas, Alito, and Gorsuch would have granted the petition, as it sought review of denial of a preliminary injunction. But in Snope (styled Bianchi v. Brown in the 4th Circuit) – which has a final judgment based on a full record –Justices Alito and Gorsuch are listed as having been in the "would have granted" category, with Justice Thomas writing a dissent from denial. The big news is that Justice Kavanaugh issued a statement in Snope concluding that "this Court should and presumably…
I’m thinking of heading back to Chicago in a couple of weeks for Legal Geek North America—a one-day conference on Tuesday, June 17. I’d make a week of it to meet with clients and partners. Legal Geek has its roots in London, where I first attended back in 2018. Unlike legal conferences in hotels and convention centers, Recess, in Chicago is a sprawling indoor-outdoor space in the West Loop that leans more creative agency than corporate. It’s billed as “a playground for grown-ups.” Glib, but well described for the small plywood stands for exhibitors, small stages and beer next door, afterwards, that I experienced in London. The format of brief TED-style talks and roundtables unfold in close to twenty five sessions. With an impressive group of over forty authorities, over fifteen of the sessions are dedicated to AI. Alicia Hawley of K&L Gates says “Legal Geek allows a casual and…
A tragic intersection collision in Shasta County has resulted in the death of a 34-year-old Cottonwood man after his electric scooter was struck by a pickup truck on Saturday, May 31, 2025. The fatal accident occurred at the Gas Point Road and Park Drive intersection, highlighting ongoing safety concerns for electric scooter riders sharing roadways with larger vehicles. Details of the Shasta County Electric Scooter Accident According to the California Highway Patrol, the collision occurred when a Ford pickup truck traveling westbound on Gas Point Road approached the intersection at Park Drive. Simultaneously, the 34-year-old victim rode his electric scooter southbound on Park Drive and entered the intersection directly in front of the oncoming truck. The impact between the Ford pickup and the electric scooter was severe, with the rider found beneath the vehicle following the collision. The pickup truck driver immediately stopped on the north shoulder of Gas Point Road and…
Dentons was privileged to work with The Arthritis Movement on their Australian-first AI-powered digital companion app, Clara. Clara provides on-demand, expert-backed support for Australians living wit
Global law firm Dentons has advised Medien Union, based in Ludwigshafen, Germany, on the split-up of Südwestdeutsche Medien Holding (SWMH). Corporate, Corporate in Germany, Competition and Antitrust, Competition and Antitrust in Germany, Tax, Tax in Germany, Europe, Germany, Berlin
In Ames v. Ohio Department of Youth Services, the Supreme Court is poised to clarify the legal standard for evaluating reverse discrimination claims. Put simply, the court will decide how discrimination claims brought by individuals belonging to historically advantaged or “majority” groups (such as white, male or heterosexual individuals) should be assessed under U.S. law. By Katharine W. Fogarty and Gabrielle Talvacchia, Kaufman Dolowich LLP June 2, 2025 Several compelling cases are currently before the U.S. Supreme Court. However, as legal professionals await the court’s anticipated rulings next month, one case in particular has garnered significant attention among labor and employment attorneys nationwide. In Ames v. Ohio Department of Youth Services, 87 F.4th 822 (6th Cir. 2023), cert. granted, 145 S. Ct. 118 (2024), the Supreme Court is poised to clarify the legal standard for evaluating reverse discrimination claims. Put simply, the court will decide how…
This post was authored by Natasha Dasani, Esq. In November 2022, a ballot initiative which permitted and regulated recreational marijuana establishments within the Township of Royal Oak was approved by a majority of voters in the township. The ballot initiative was presented to voters by the Oakland Cares Coalition (OCC), and plaintiff, collectively members of the township’s governing board, sought to block the proposal through a series of unsuccessful lawsuits prior to the election. The ballot initiative indicated that “[t]he proposal, if adopted, would enact an ordinance to assist patients in need of medical marihuana for conditions such as epilepsy, multiple sclerosis, . . . and other critical medical conditions and repeal the Township’s prohibition of marihuana establishments. Shall the proposal be adopted?” Based on the language of the ballot initiative, plaintiff argued that “the ballot question was misleading, as it implied that the…
Richard A. Bales (Ohio Northern University - Pettit College of Law) has posted Contracting Around the FAA: The Enforceability of Private Agreements to Expand Judicial Review of Arbitration Awards on SSRN. Here is the abstract: This article argues that courts should enforce private contractual agreements for expanded judicial review in arbitration agreements. This article demonstrates that the court decisions enforcing such arbitral contractual provisions are consistent with the FAA’s purpose to ensure enforcement of parties’ arbitral agreements, whatever the form. Furthermore, this article argues that the FAA does not preclude courts from reviewing awards under expanded grounds where parties so agree, because the statutory structure provides default rather than mandatory grounds for award vacatur. Finally, this article concludes that permitting the parties to contract for expanded judicial review serves the public policy favoring arbitration, insofar as it…