Government

In Georgia v. Public.Rescource.Org the Supreme Court held 5-4 that non-binding, explanatory legal materials created by state legislatures cannot be copyrighted.

The Official Code of Georgia Annotated (OCGA) contains various non-binding supplementary materials including summaries of judicial decisions and attorney general opinions and a list of law review articles related to current statutory provisions. The OCGA is assembled by the Code...

The Supreme Court is known for its ceaselessness. Government shut downs, snowstorms, anthrax, and vacancies haven’t slowed down the High Court. But it has not been spared by this global pandemic.

This term the Supreme Court is expected to issue about 56 opinions—about...

On March 18, 2020, Congress enacted the Families First Coronavirus Response Act (FFCRA), providing certain workers up to ten paid sick days and up to twelve weeks of emergency family leave in response to the coronavirus pandemic.

On April 1, 2020, the Department of Labor (DOL) issued a final rule implementing the FFCRA. In a lawsuit, New York challenges four aspects of the final rule.

Generally, New York objects to the final rule because it...

CSG Midwest

In March, Senate President Roger Roth got the call to prepare for an unprecedented — but not unthinkable — event in the legislative history of Wisconsin. “Whatever you have to do,” he was told by Senate Majority Leader Scott Fitzgerald, “we need to be able to have a contingency plan in the midst of this coronavirus [outbreak].” 

Roth’s job as presiding officer: Get the state Senate ready for a first-ever virtual meeting of the entire chamber, so that it could pass essential bills related to the COVID-19 pandemic while keeping its 33 members and legislative staff safe. “I immediately called our legislative service agencies: our technology folks, our lawyers, our parliamentarians,” Roth says. “And from that point on, they haven’t stopped working.”

After much preparatory work, practice and dress rehearsals, actual virtual sessions of the Wisconsin Senate began being held in April.

“First, you want to protect the health and safety of our members, and one-third of [the senators] are 68 or older,” Roth says, noting that older people are at a higher risk of developing serious, potentially fatal, complications if exposed to COVID-19. Just as important, in the midst of these extraordinary circumstances, people are looking for stability and want to be reassured. I think it’s important to show that even in these challenging times, our government, just like our people, will endure.”

Whether lower courts may issue nationwide injunctions is one of a number of legal issues the Supreme Court will decide in Trump v. Pennsylvania and Little Sister of the Poor Saints Peter and Paul Home v. Pennsylvania. Nationwide injunctions are controversial because they benefit non-parties. For...

In Allen v. Cooper the Supreme Court held unanimously that a state cannot be sued for copyright infringement. In short, the Court found that Congress lacked the authority to strip states of their sovereign immunity in the Copyright Remedy Clarification Act (CRCA) of 1990.

After the pirate Blackbeard’s flagship Queen Anne’s Revenge was discovered in 1996 off the coast of Beaufort, North Carolina, the current owner of the ship, North...

In Comcast v. National Association of African-American Owned Media the Supreme Court held unanimously that a plaintiff who sues under 42 U.S.C. §1981 must plead and prove that race was the but-for cause of his or her injury. This case is particularly relevant to states and local governments as employers. The but-for causation is a standard favorable to employers.

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Across the country, state and local governments are moving quickly to respond to COVID-19 outbreaks through making emergency declarations. Washington state was the first to do so on February 29th.  Emergency declarations can allow officials to quickly secure and utilize targeted funding, in addition to potential allocations from the federal government.  According to the Federal Emergency Management Agency (FEMA), the primary form of assistance to states, territories, tribes and localities may come in the form of federal...

Excessive force is a violation of the Fourth Amendment’s prohibition against “unreasonable searches and seizures.” In Torres v. Madrid the State and Local Legal Center (SLLC) filed a Supreme Court amicus ...

In Barr v. American Association of Political Consultants the State and Local Legal Center (SLLC) has filed an amicus brief asking the Supreme Court to narrow its opinion in...

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