AI Poses a Serious Threat to the Legal Profession. It Also Presents an Extraordinary Opportunity.

April 1, 2024

The rapid emergence of high-profile applications for Artificial Intelligence—including advanced search engines, recommendation systems, and generative tools—has given rise to a wide-ranging discussion and often spirited debate about what might result from the accelerating deployment of this revolutionary technology.

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Department of Veterans Affairs Rule Doubles Down on Abortion

March 15, 2024

On March 4, 2024, the Department of Veterans Affairs (VA) finalized “without changes” an interim final rule (IFR) entitled “Reproductive Health Services.” (You can read my summary of the IFR here.)

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Supreme Court to Decide Whether EMTALA Preempts State Abortion Laws: Idaho v. U.S. and Moyle v. U.S.

January 31, 2024

Abortion is before the Supreme Court once again. This month, the Court granted certiorari in consolidated cases Moyle v. United States and Idaho v. United States.

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ADA Testers Can Keep Testing . . . For Now

December 20, 2023

On December 5, the Supreme Court issued a unanimous opinion by Justice Amy Coney Barrett in Acheson Hotels LLC v. Laufer dismissing the case as moot. Acheson concerned whether Article III of the Constitution provides “tester” plaintiffs standing to sue for alleged Americans with Disabilities Act violations, even when such plaintiffs have no intention of patronizing the business they are suing.

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Obscuring the SEC’s climate disclosure rule may invite a host of legal problems

December 11, 2023

The U.S. Securities and Exchange Commission’s (SEC) pending climate disclosure rule has been delayed yet again. The climate disclosure rule will require publicly traded companies to quantify and disclose how climate change risk factors impact their operations and financial health.

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HHS Proposes Facilitating Abortions and Medical “Gender Transitions” for Unaccompanied Children

November 28, 2023

On October 4, 2023, the U.S. Department of Health and Human Services’ Administration for Children and Families (ACF) proposed new regulations “relating to the key aspects of the placement, care, and services provided to unaccompanied children” by the Office of Refuge Resettlement (ORR). The proposed rule titled, “Unaccompanied Children Program Foundational Rule,” is open for public comment until Monday, December 4, 2023.

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Testing the Testers: The Supreme Court is Set to Consider the Standing of Private Citizens Who Sue to Enforce the Americans with Disabilities Act

Karen Harned

September 27, 2023

On October 4, the Supreme Court will hear arguments in Acheson Hotels LLC v. Laufer. The case explores whether so-called “tester” plaintiffs under the Americans with Disabilities Act have standing to sue for alleged ADA violations under Article III of the Constitution, even when such plaintiffs have no intention of patronizing the business they are suing.

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New Legal Analysis: Regulatory Implications of Turning Internet Platforms Into Common Carriers

Neil Chilson

September 26, 2023

The content moderation policies of major internet platforms like Facebook and X (formerly Twitter) have faced escalating criticism in recent years. Many conservatives now argue that because these platforms exhibit political bias and routinely censor right-leaning political views and news stories, some sort of government regulation is required. Standing in the way, however, is the First Amendment.

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Is It Lawful to Use Regulatory Impact Analysis to Achieve Equity?

J. Kennerly Davis, Jr.

September 18, 2023

Circular A-4, issued by the Office of Management and Budget (OMB), provides detailed guidance to federal agencies regarding the methodological attributes of sound regulatory impact analysis. The Biden administration has proposed modifications to Circular A-4 that were recently peer reviewed in preparation for the finalization and public release of a modified Circular A-4, perhaps by the end of this calendar year.

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