Credit-card companies charge a transaction fee, and merchants often pass that cost onto consumers by raising prices across the board. Some merchants, however, would like to charge more only to credit customers. Ten states prohibit merchants from charging such "swipe fees," and the states argue that this is classic economic regulation. The merchants counter that the states permit them to offer a cash discount equivalent in value to a credit surcharge, and therefore claim that the swipe-fee bans merely prohibit truthful speech, in violation of the First Amendment. The Second and Fifth Circuits have sided with the states, but the Eleventh Circuit struck down Florida's law on First Amendment grounds. The Supreme Court heard argument on Tuesday, January 10 in the case from New York, Expressions Hair Design v. Schneiderman.
Mr. Jesse Panuccio, a partner and appellate lawyer at Foley & Lardner LLP, joined us to discuss the argument and the case. He is counsel of record on an amicus brief filed in support of the merchants' position and on behalf of a group of state-based, free-market think tanks.
Administrative Law & Regulation Practice Group Podcast
In late October the Supreme Court accepted a petition from the School Board of Gloucester County, Virginia seeking to overturn a lower court’s order that a 17-year-old transgender student, born female but identifying as male, be allowed to use the boys’ restroom during senior year of high school. The Department of Education’s interpretation of Title IX and 34 C.F.R. § 106.33, reflects that public schools must “generally treat transgender students consistent with their gender identity.” The Court will consider this interpretation and hear argument on whether courts should extend deference to unpublished “guidance” letters issued by the U.S. Department of Justice and the U.S. Department of Education. Kyle Duncan, attorney for the School Board of Gloucester County, recently filed the Board’s Supreme Court brief and joined us to discuss this important case.
In 1957, an article in the Stanford Law Review asked the question: can counties and cities pass right to work ordinances under the Taft-Hartley Amendments to the National Labor Relations Act? The law explicitly allowed states to prohibit "agency-shop" contracts, but did not clearly address subdivisions of states. This question of federal preemption was addressed by courts only three times in more than fifty years. In that time, twenty-six states have passed statewide right to work laws. But recently, Hardin County in Kentucky passed, and the federal Court of Appeals for the Sixth Circuit upheld, a local right-to-work ordinance. Consequently, this sleeper issue may be hugely important in "purple" states across the country.Our panel of labor law and federalism experts talked about the law and politics of local right to work laws.
Mr. Andrew R. Kloster, Attorney, Washington, DC
Mr. James Sherk,Research Fellow in Labor Economics, The Heritage Foundation
Prof. Ariana R. Levinson,Professor of Law, University of Louisville Brandeis School of Law
Moderator:Mr.Raymond J. LaJeunesse Jr.,Vice President & Legal Director, National Right to Work Legal Defense Foundation
2017 Faculty Division Summer Conference for Students Interested in Academia
The Federalist Society’s James Kent Summer Academy is a program for students and recent graduates who demonstrate strong potential for being leaders among a future generation of legal scholars. Participants will have an opportunity to engage in academic discourse, to learn about an academic career track, to deepen their understanding of key ideas about the law, the founding period, originalism, religious liberty, and markets and the law, and to receive some personalized career planning and publishing guidance.
The Academy will take place in early August in Annapolis, MD. This all-expenses-paid conference will include seminar-style sessions guided by a group of leading faculty, informational sessions and workshops for professional development, and the opportunity to connect to a community of talented students and scholars. Participants will also receive invitations to ongoing events and academic and professional development resources throughout the year.
The program is intended for students and recent graduates (three years or less out of law school), including prospective or current clerks, with a serious interest in an academic career, who would contribute to the intellectual diversity of the legal academy, and who are beginning to develop their legal scholarship. Applicants should possess strong academic qualifications.
Applications are due no later than March 31, 2017.
Applications should be submitted online here. If you have any questions about this event, please email email@example.com.
International & National Security Law Practice Group Podcast
President-elect Trump has made counterterrorism a focal point of his administration. The disciplined use of metadata, surveillance, intelligence collection, and information sharing is vital to counterterrorism efforts. Drawing on his former experience as a prosecutor, judge, and the second United States Secretary of Homeland Security, the Hon. Michael Chertoff offered guidance on how these tools can be used most effectively to protect against security challenges such as crowd-sourced terrorism and hostile nation states.
Hon. Michael Chertoff, Senior Of Counsel, Covington & Burling LLP and Executive Chairman and Co-Founder, The Chertoff Group