Category Archives: Case Analysis

Hayden & Bodie on Business Roundtable v. SEC

Grant M. Hayden (Hofstra University, Maurice A. Deane School of Law) and Matthew T. Bodie (Saint Louis University School of Law) have posted The Bizarre Law & Economics of ‘Business Roundtable v. SEC, 38 J. Corp. L. (forthcoming 2012), on SSRN. Continue reading

Divided D.C. Circuit Rejects Airlines’ First Amendment Challenge Based on Agency’s Interpretation of its Own Rule

In Spirit Airlines v. Department of Transportation, a D.C. Circuit panel with the unlikely split of Judges Tatel and Henderson in the majority and Judge Randolph in dissent, engages in two parallel debates.  The first is constitutional, and the second is over the proper tools of judicial decisionmaking.   Continue reading

Advocates, Beware Selectively Quoting Your Opponent

Judge Ginsburg’s opinion upholding the EPA’s new national ambient air quality standard (NAAQS) for nitrogen dioxide [pdf] sounds a warning note about the dangers of leaving out key words from a quotation:   Continue reading

Czars, and Removability, and Intercollegiate Broadcasting, Oh My!

On reflection, the most striking thing about the D.C. Circuit’s recent decision finding an Appointments Clause violation in the structure of the Copyright Royalty Board is how little the court had to say about the judicial remedy it imposed.   Continue reading

Military Contractor’s Action-Packed Negligence Suit Blocked for Lack of Expert Testimony on Standard of Care

Judge Garland’s latest opinion has something for everyone: helicopters and horses, ambushes and duels, AK-47s and six-shooters, Afghanistan and the Old West, a barroom brawl and the Erie doctrine [pdf].  If that is not enough, the opinion’s star-studded cast features Gary Cooper, Allen Iverson, the Taliban, and a military contractor who was shot five times and lived to sue for negligence.

Spoiler alert:   Continue reading

D.C. Circuit Holds Copyright Royalty Board Unconstitutional, Fixes It

On Friday the D.C. Circuit held that the Copyright Royalty Board’s structure violates the Appointments Clause and judicially reconstructed the Board to avoid the constitutional violation.   Continue reading

Note to Arrestees: Get Prosecutorial Promises in Writing

The defendant in In re Sealed Case said the prosecutor promised to release him if he testified before a grand jury about a rival gang member.  The defendant testified as requested, but instead of being released, he was hauled before the district court and sentenced to a term of imprisonment in accordance with a plea agreement he had signed earlier.   Continue reading