EPA Becomes new Ground-Zero in the Federal-State Power Struggle

7/14/2015 Following a month of monumental Supreme Court decisions regarding Obamacare and gay marriage, both battles which saw federal authority win out over state sovereignty, the ceaseless tug-of-war between the two levels of government has increasingly focused on the Environmental Protection Agency’s (EPA) authority over state regulators. On Tuesday, representatives for state-level enforcement, as well


Go Set a Watchman’s 58-year Delayed Release is Perfect Timing

7/13/2015 Tomorrow will be one of the biggest dates in book history, not Fifty Shades of Grey history, perhaps more like Grapes of Wrath history. After more than five decades, a companion to America’s most beloved book, To Kill a Mockingbird, will be released in stores nationwide. Go Set a Watchman was actually submitted to


Takata Says no to Victims’ Compensation Fund

7/12/2015 Embattled Japanese airbag manufacturer Takata has roiled some lawmakers by announcing that the company will not set up a victim’s compensation fund similar to that for the General Motors’ ignition switch recall. Takata’s North American senior vice-president Kevin Kennedy made the announcement in a letter penned to Senator Richard Blumenthal (D-CT), who had strongly


OPM Director Resigns amid Ballooning Data Breach Crisis

7/11/2015 As the old adage goes (I think), hack me once, shame on you, hack me twice; well, you know the rest. Unfortunately for the head of the federal government’s main human resources department, the U.S. Office of Personnel Management’s (OPM) Katherine Archuleta, two major data breaches into the sensitive electronic files affecting over 22


It’s Coming Down: South Carolina House Votes to Remove Confederate Flag

7/9/2015 After a raucous 13-hour debate Wednesday bleeding into Thursday morning, South Carolina’s House of Representatives voted to remove the Confederate flag from the statehouse grounds by a 94-20 margin in the bill’s required third reading, passing despite a last-minute attempt to delay the measure by proposing a barrage of amendments. The quick action in



More States Sue to fight EPA Clean Water Act Rule Changes

7/8/2015 Mississippi Attorney General Jim Hood announced in a Tuesday press release that his office will be joining 26 other states who have filed four separate lawsuits since last month over rule changes regarding the U.S. Environmental Protection Agency (EPA) enforcement of the Clean Water Act. The legal fight is essentially a territorial battle over which


Inherently Dangerous Products?

Generally, we expect manufacturers to create products in a way that makes them safe to use. But there are some products consumers buy that will be dangerous no matter how they are created. Washington has adopted comment k to the Restatement (second) of Torts Section 402A, which precludes liability for certain “unavoidably unsafe products.” As


Is there Middle-Ground in the Sanctuary City Debate?

7/8/2015 The senseless killing of 32 year-old Kathryn Steinle, who was shot in the upper torso by a complete stranger, 45 year old undocumented immigrant Francisco Sanchez on July 1st on San-Francisco’s popular Pier 14, has re-inflamed the immigration debate. Sanchez, a seven-time felon, had been deported back to Mexico on five separate occasions, yet