The Legal Fig Leaf: The US-El Salvador Detainee Diplomatic Notes

Disability A Clarion Call for Public Health: Sustain Non-Partisan Federal Service My fourth guide dog, Izzie, was the final dog partner in my particular federal agency’s building when I recently retired from service as a health care lawyer with expertise in public health. Published July 17, 2025 Author Gary Norman Share Share on LinkedIn Share on X Share on Facebook Share on Reddit My fourth guide dog, Izzie, was the final dog partner in my particular federal agency’s building when I recently retired from service as a health care lawyer with expertise in public health. As I review my career, from my start as a Presidential Management Fellow (PMF) at the U.S. Centers for Medicare and Medicaid Services (CMS), to what I have observed since the winter of 2025, including the termination of the PMF program, I am deeply troubled. As a lawyer and law professor with a…

Trump is on a rampage. He has big plans for a mass repeal of existing regulations; he’s trying to use emergency declarations to short circuit normal environmental protections; and he’s savaging environmental agencies. He’s also at war with the rule of law, dodging court orders, ignoring statutes, and punishing lawyers and law firms that have dared to challenge him. In area after area, Trump has tried to sweep aside legal constraints.  Part of the point of Trump’s “shock and awe” campaign has been to overwhelm the ability of opponents and the courts to keep up with his legally questionable actions. Trump’s attack on the bureaucracy is also an attack on the rule of law, because one of the key functions of bureaucrats is to ensure that the government follows the rules. Trump has also tried to impede access to the courts by demanding that opponents of Administration decisions provide expensive bonds to get injunctions.  Judges who…

The European Accessibility Act (“EAA”) (Directive (EU) 2019/882) introduces new accessibility requirements that will apply to a wide range of products and services when they are accessible in the EU, aiming to enhance access for persons with disabilities and improve the functioning of the EU single market. What Does the EAA Seek to Achieve?The EAA recognizes that the demand for accessible products and services is high, and that the number of persons with disabilities is increasing. An environment where products and services are more accessible has a number of key advantages, not least allowing for a more inclusive society and facilitating independent living for persons with disabilities. Until now, accessibility rules varied across Member States, creating legal fragmentation and increased compliance burdens for businesses operating cross-border. The EAA seeks to address this by establishing consistent requirements across the EU, allowing companies to scale…

By Darren Smith, Weekend Contributor On Tuesday the Justice Department filed a writ of Quo Warranto against three individuals having served as board members of the Corporation for Public Broadcasting who were fired by President Trump yet allegedly continued to hold and exercise their office. The complaint states “[s]ince April 28, 2025, Defendants Laura G. Ross, Thomas E. Rothman, and Diane Kaplan have been usurping and purporting to exercise unlawfully the office of board member of the Corporation for Public Broadcasting (the “CPB”)… President Donald J. Trump lawfully removed each Defendant from office on April 28, 2025. As recent Supreme Court orders have recognized, the President cannot meaningfully exercise his executive power under Article II of the Constitution without the power to select—and, when necessary, remove—those who hold federal office. Personnel is policy, after all.” According to Defendants, they “received an…

Content Reviewed by: Michael F. Bonamarte, IV Content Reviewed by: Michael F. Bonamarte, IV display:none; Accordion Content READ BIO Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American…

By Carla Rydholm | Lex Machina General Manager and Head of Product The ability to leverage data-driven insights has become common practice for litigators to craft winning case strategies. A new survey from Lex Machina ®, the LexisNexis® Legal Analytics® platform, provides compelling evidence that incorporating data-driven litigation strategies and business development evolved from important to essential. Incorporating Data-Driven Litigation Strategies and Business Development Litigation analytics offer lawyers a valuable resource for improving their decision-making and delivering superior outcomes for their clients. Our proprietary technology and AI-assisted attorney review convert raw legal documents into comprehensive data sets, filling gaps in court records and delivering unique case insights that are not available from any other platform. This enables legal practitioners to paint an accurate portrait of their case landscape for clients to rely upon, knowing that…

A lot of people want to save a buck during contract negotiations. These folks usually do not not use a lawyer for drafting term sheets or other initial matters. Sometimes, this can work out well. For bigger or more complicated deals, or for deals with a difficult opponent, this can be a bad idea. Let’s look at why. What is the point of a cannabis deal term sheet? A term sheet (also referred to as a letter of intent or LOI) is an outline of key deal points that the parties sign before negotiating a final contract. You won’t see them in all deals. They are used frequently in bigger, more complex deals like M&A or finance transactions. They can be binding contracts, but this is usually a very bad idea. A non-binding document can be very useful, as the parties will have a roadmap for the deal and will have hammered out key points before undertaking the expense of diligence and drafting. Why do people try to draft term sheets without a lawyer? Money is the #1 answer.…

This is the second in a series of blog posts designed to provide a deeper dive into the provisions of the 2025 Reconciliation Law (Informally called the One Big Beautiful Bill Act). An earlier installment discussed the impact of the law on reproductive rights and gender affirming care. This installment discusses the impact on the Medicare program. Of the two primary Federal health care programs, Medicaid experienced the most significant changes in the final version of H.R. 1, the 2025 Reconciliation Law. But Medicare did not go unscathed. In fact, the impact to Medicare will be substantial—both in terms of the law’s express provisions and the broader implications regarding future Medicare payment levels. What was carved out of the law during the Senate amendment process may be just as important as what was left in, as that Senate carve-out process reflects legislative changes to the Medicare program that were a high enough priority to make it into a House bill…

by NALC Senior Staff Attorney Elizabeth Rumley Last week, the Trump administration reignited the legal fight over farm animal confinement laws,...

* DOJ fires Epstein and Diddy prosecutor. So… did Trump go to some freak offs? It also happens to be James Comey’s daughter so watch your seashells! [CNN] * ICE lawyers refusing to be identified in public proceedings. Everyone wants to be the secret police as long as they get to stay secret. [The Intercept] * Schulte’s COVID rent case rejected. [Reuters] * Who, What, When, Where… but WHY?!? Why did was it crossing the road? [WKRC] * Jane’s Addiction move fight to courtroom. [Law360] * Meta board tried to keep Zuck shielded in the metaverse during privacy scandals. [National Law Journal] * “What AI Is Already Doing to the Legal Industry.” Yeah, we know, we have a lot of stories about fake cases and sanctions. [Bloomberg] The post Morning Docket: 07.17.25 appeared first on Above the Law.

Yesterday, Mike wrote a poignant tribute to Professor Richard H. Fallon, Jr., a legendary law professor at Harvard Law School. Dick was a brilliant scholar and wonderful human being. Our paths crossed numerous times over the years, and he was always incredibly generous both to me and my work, whether he agreed with what I was saying or not. That is just who he was, and I can't add anything of personal value to Mike's wonderful post.Instead, and maybe selfishly, I want to honor Dick in a different way. I have spent much of my academic career reading, writing, and talking about originalism, culminating but not ending in my book "Originalism as Faith." Subsequent to the publication of that book, Dick wrote what I think is one of the finest articles ever written on the subject, "The Chimerical Concept of Original Public Meaning."Please don't let the term "chimerical" distract from the thesis of this piece, which is that for the…

We are thrilled to announce that longtime Just Security contributor Mark Nevitt is now joining Just Security’s Editorial Board. Nevitt, Commander, JAGC (ret.), is an Associate Professor of Law at Emory University School of Law. He was previously the Class of 1971 Distinguished Military Professor of Leadership & Law at the United States Naval Academy in Annapolis, Maryland, Associate Professor at Syracuse University College of Law, and the Sharswood Fellow at the University of Pennsylvania Law School. Prior to law school, Nevitt served as an accomplished naval tactical jet aviator and was awarded the Air Medal. After completing a J.D. and LL.M. with distinction from Georgetown, his Navy JAG assignments included serving as criminal defense counsel in Lemoore, California; international law and ethics attorney with the U.S. Navy’s Sixth Fleet in Naples, Italy; Deputy Director for Administrative Law for the Office of the Judge Advocate General at the Pentagon; and…

Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Ethical Jury Selection in the AI Era Choosing jurors is a complex undertaking that requires focused attention, strong people skills, and the ability to think on your feet. Based on finite information, you’re required to make swift decisions that will significantly impact the course of the trial–and your client’s life.  Fortunately, technology is available that can simplify the voir dire process and assist you in choosing a jury panel that is (hopefully) receptive to your client’s position.  But what if the technology you rely on is based on biased programming, leading you to unknowingly exercise peremptory challenges grounded in discrimination? Are you ethically required to prevent that from happening?  With the advent of artificial intelligence (AI), including generative AI, this issue is all the more pressing. AI technology…

The Department of Corrections and Community Supervision [DOCCS] issued a notice of suspension and discipline to one of its employees [Petitioner] alleging that, among other things, Petitioner falsely held herself out as a police officer, executed an unauthorized traffic stop and arrested a motorist without cause. Petitioner grieved the 15 charges of misconduct DOCCS filed against her in accordance with the terms of the relevant collective bargaining agreement between DOCCS and the Public Employees Federation, Petitioner's collective bargaining unit representative. Following an arbitration hearing, the arbitrator rejected Petitioner's version of the incident as not credible, found Petitioner guilty of seven misconduct charges arising from the "motorist incident" but declined to decide the remaining eight charges, Charges 8 through and including Charge 15, stemming from allegedly inaccurate timesheets and vehicle logs. After reviewing…

Why “Just a Mistake” Can Still Be Malpractice: Understanding Legal Standards When medical care goes wrong, doctors and hospitals often use a familiar line: “We did everything we could. Sometimes bad outcomes just happen.” That may be true—but not always. At Hendrickson Law, we’ve spent decades helping patients uncover the truth behind “bad outcomes.” In many cases, what providers call “just a mistake” is actually medical malpractice—and there’s a big legal difference between the two. This post explains what counts as malpractice, how it differs from ordinary complications, and what you need to prove if you suspect a healthcare provider’s actions caused serious harm.  What Is Medical Malpractice? Medical malpractice occurs when a doctor, nurse, hospital, or other provider fails to meet the standard of care, and that failure causes harm. In legal terms, there are four key elements to every…

Amnesty International called for Pakistan to release high-profile Baloch activists on Tuesday, condemning the arbitrary detention of the protesters. A letter to authorities called for the release of Mahrang Baloch, Bebarg Zehri, Beebow Maloch, Shah Jee Sibghat Ullah, Ghaffar Qambarani, and Gulzadi Baloch, who Amnesty International says have been targeted as part of a larger crackdown in Balochistan on peaceful protests and freedom of expression by weaponizing anti-terrorism and public order laws. Amnesty International pointed out the abuse of laws, including the Maintenance of Public Order Ordinance, 1960 (MPO), the Prevention of Electronic Crimes Act, 2016, and the Anti-Terrorism Act, 1997, alleging that the legal system has been instrumentalized to persecute, intimidate, and detain peaceful dissenters and protesters. The six activists named were all detained under the MPO, but they have remained detained past the 90-day period allowed under the MPO, which expired on June 22.…

["Reading antidiscrimination laws to prohibit the voicing of views critical of a foreign state, or support thereof, would raise serious doubts about their constitutionality, which the Court must avoid."] From Kopmar v. Ass'n of Legal Aid Attorneys, decided Tuesday by Judge Paul Oetken (S.D.N.Y.) (though see also another post this morning allowing a different part of the claim to go forward): Plaintiffs, who are public interest lawyers in the greater New York City area, … Plaintiffs allege that their local chapter of the Association of Legal Aid Attorneys ("ALAA"), unlawfully retaliated against Plaintiffs for suing in New York state court to prevent the ALAA from promulgating a resolution that Plaintiffs viewed as antisemitic {and that] Plaintiffs characterize as "an 1,147-word diatribe against Israel"}…. Plaintiffs have not stated retaliation claims under Title VII, the NYSHRL, or the NYCHRL, because their state-court lawsuit did…

Global law firm Dentons has announced its practice group leadership appointments for the Europe Region for the term ending December 2027.