The Overreach of the E.P.A.: Fact or Fiction?

 

 

            Earlier this month the House Energy and Commerce Committee passed a bill, the “Energy Tax Prevention Act of 2011,” which, if it becomes law, would effectively halt the Environmental Protection Agency’s proposed program to regulate greenhouse gas emissions.  This is one of many attempts in an ongoing campaign by Republicans to limit the power of the EPA to make and enforce regulations related to greenhouse gas emissions.  They are attempting this through budgetary control measures as well as by attempting to strip the EPA of its regulatory authority in this area through legislation. There appears to be an intentional effort to cast this as a battle between the legislative and executive branches.  However, this is actually a battle royal including all three branches of the federal government, as well as many state, local, and private organizations.  It is important to look at the recent history of this fight … Read the rest

What Goes Around Comes Around: The Super Bowl Ticket Fiasco

There was plenty of hype surrounding this year’s Super Bowl.  At the beginning of the season, Dallas insisted that they were going to play the first Super Bowl in their new stadium.  Fairly quickly into the season, Dallas fans realized that the likelihood of that happening was slim.  I held out hope for both the Chargers and the Bears, but it was yet another disappointing season for the Chargers and a disastrous end to the season for the Bears.  However, as fans from across the country arrived at the brand new stadium to watch the Green Bay Packers ultimately beat the Pittsburg Steelers, many quickly realized it was not going to be a fairy tale ending and, for some, it was not simply because they were Steelers fans.  After being forced to watch the game from different seats or from the lobby on television screens, some fans are taking matters … Read the rest

Diminishing Privacy to Information Receiving Growing Public Attention

It’s been several months now since my first article on the general subject of data and information in the law. Normally, I could attribute the delay to typical publishing delays, an overbooked 2L year, and an overly inquisitive (read: easily distractible) mind. But, in this case, I am writing about perhaps the most visible aspect of the topic: the privacy of personal information in an increasingly connected society. Given the increasing focus on the topic in academia, government, and media, it has been difficult to keep up with all of the recent developments. Even the turn of the New Year – often a good time for a retrospective look – hasn’t slowed the pace. There have been some significant developments in the legal and regulatory world. A small selection of some of the most significant news includes:

• At the start of December, the Federal Trade Commission released a proposed Read the rest

Oral Complaints and Their Effect on Summary Judgment for FLSA Retaliation Law Suits: Kasten v. Saint Gobain

On March 22, 2011, the Supreme Court came to a decision in Kasten v. Saint GobainThe Seventh Circuit had ruled that an oral complaint made to an employer who the employee believed was violating the Fair Labor Standards Act (“FLSA”) did not fall under the anti-retaliation provision of the act. The Court reversed the Seventh Circuit and found that an oral complaint was sufficient. This decision raises questions about the standards under which summary judgment could be granted in an FLSA retaliation case.

Prior to this decision, it was easy to determine whether or a filed complaint complied with the standards of the retaliation provision. The Court in Kasten spells out exactly what a complaint which complies with the statute would look like. Essentially the complaint would have to be “sufficiently clear and detailed for a reasonable employer to understand it.” The employee would have to ensure that Read the rest