Law & Regulation

On October 10, the U.S. Environmental Protection Agency (EPA) officially moved to repeal controversial Obama-era emissions guidelines known as the “Clean Power Plan” (CPP). The rule was based in a…

Since President Trump was elected, Democratic state attorneys general have filed an unprecedented number of showy—but ultimately frivolous—legal challenges to his executive orders. Josh Stein hasn’t initiated any of those…

Back in July, I wrote about the chorus of criticism that greeted Attorney General Jeff Sessions’ decision to revive a civil asset forfeiture program that had been suspended by…

The traditional common law torts of alienation of affection (depriving a married person of a spouse’s “love, society, companionship and comfort”) and criminal conversation (engaging in sexual relations with a…

The case of United States v. Chamberlain gave the U.S. Court of Appeals for the Fourth Circuit an opportunity to reconsider what it described as, “[O]ur anomalous rule permitting…

Two and a half years ago, in my very first Legal Update, I discussed then Attorney General Eric Holder’s decision to curtail his agency’s controversial “adoptions” program. Under the…

Janice Rogers Brown—one of my favorite federal judges—will retire next month from the U.S. Court of Appeals for the D.C. Circuit. Damon Root has called her, “The most…

In this installment in my series dealing with problems arising out of the interplay between the new social media and the law, I want to discuss a case that involves…

In a previous Legal Update, I discussed four cases in which the North Carolina appellate courts had struggled with “the problem of how to prevent people from abusing the…

In 44 states and the District of Columbia, the age at which young offenders age out of the juvenile justice system is now 18. In five states, it is 17.