Issues to Watch

Seila Law LLC v. Consumer Financial Protection Bureau: A Fixed Fight Reaches the Supreme Court


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 Andrew Will*

In 1977, former President Richard Nixon sat down for a series of interviews with relatively obscure British television presenter David Frost.  See Transcript of David Frost’s Interview with Richard Nixon, Teaching Am. History, https://teachingamericanhistory.org/library/document/transcript-of-david-frosts-interview-with-richard-nixon (last visited Dec. 12, 2019).  In Part 3 of the televised series, President Nixon famously told Frost, “Well, when the President does it, that means it is not illegal.”  Id.  Although referring to matters of national security, Tricky Dick’s words capture the essence of the unitary executive theory.  See Tom Head, Unitary Executive Theory and the Imperial Presidency, ThoughtCo., https://www.thoughtco.com/unitary-executive-theory-the-imperial-presidency-721716 (last updated Sept. 17, 2019).  Proponents of the unitary executive theory believe that Article II of the Constitution vests the President with all executive power, and they seek to contest any limits to presidential authority.  See id.  On October 18, 2019, those in the unitary executive’s corner scheduled their latest prize fight.  See Amy Howe, Justices to Review Constitutionality of CFPB Structure, SCOTUSblog (Oct. 18, 2019, 3:56 PM), https://www.scotusblog.com/2019/10/justices-to-review-constitutionality-of-cfpb-structure/.  Granting certiorari to a Ninth Circuit decision, the Supreme Court agreed to hear a challenge to the statutory restrictions protecting the director of the Consumer Finance Protection Bureau (CFPB) from presidential removal.  See id.  The Court will now weigh in on a decades-long constitutional bout between the Legislative and Executive Branches.  See id.  Although independent agencies have survived previous rounds, the Roberts Court seems poised to declare the CFPB down for the count.  See id. (more…)

Issues to Watch

Education Funding Formulas: With Kirwan Commission Prepared to Finish Their Work, Stage is Set in Annapolis for Contentious Legislative Session


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Matthew Bendorf*

As senators and delegates throughout the State of Maryland prepare for their annual descension to the State House in Annapolis, leaders of both chambers have established the core issue for the upcoming session.  At the top of the legislature’s list of priorities for the upcoming ninety-day session will be continued efforts on the first reformation of the state’s education system in seventeen years.  Kate Ryan, Maryland House Speaker Said Education Bill Will Be Top Priority, WTOP (July 24, 2019, 4:10 AM), https://wtop.com/maryland/2019/07/marylands-house-speaker-says-education-bill-will-be-number-one/. (more…)

Issues to Watch

The ADA and the Internet: Accessibility for All


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Meredith Ashley*

Title III of the Americans with Disabilities Act (ADA) “prohibits places of public accommodation from excluding disabled persons thus depriving them of the goods and services offered.”  Margaret C. Jasper, Legal Almanac Series: The Americans with Disabilities Act § 4:1, Westlaw (database updated Oct. 2012).  In essence, all public businesses that function for public use are “places of public accommodation,” and accordingly, are mandated to follow ADA regulations.  Id.  The ADA requires businesses to create ways in which individuals with disabilities may utilize their services, which includes establishing auxiliary aids such as readers, assistive listening devices, and braille.  Id.  However, the ADA does not require a business to “provide an auxiliary aid that would result in an undue burden or in a fundamental alteration in the nature of the goods or services provided.”  Id. § 4:4. (more…)

Issues to Watch

What’s Going on With the Orioles/Nationals MASN Dispute?


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Samson R. Nabozny*

On August 22, 2019, New York Supreme Court Judge Joel Cohen issued a ruling denying the Baltimore Orioles latest request to vacate an arbitration award to the Washington Nationals over the Mid-Atlantic Sports Network (MASN) television rights fees dispute.  TCR Sports Broad. Holding, LLP v. WN Partner LLC, No. 652044/2014 2019 WL 3973873, at *12–13 (N.Y. Sup. Ct. Aug. 22, 2019).  In accordance with the ruling, MASN and the Orioles must pay $296.8 million to the Nationals for television rights fees from the 2012 through 2016 seasons.  Peter Schmuck, Judge Upholds Arbitration Ruling that Orioles Owe Nationals About $100 Million in MASN TV Rights Dispute, Balt. Sun (Aug. 23, 2019, 5:32 PM), https://www.baltimoresun.com/sports/orioles/bs-sp-orioles-lose-latest-round-in-masn-lawsuit-20190823-ww6a53a7nraipgwuypgxef2gt4-story.html.  The dispute between the Orioles and Nationals over the MASN deal has persisted for almost ten years, and the latest development is a major blow to both the Orioles and MASN.  See id. (more…)

Issues to Watch

Keeping up with the Kalifornia Bar


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Victoria Devore*

In the midst of rising tuition rates and student debt, an unlikely individual is shedding light on an alternative method to become an attorney—one that seems to not require the woes or monetary sacrifices of law school.  See, e.g., Jonathan Van Meter, The Awakening of Kim Kardashian West, Vogue (Apr. 10, 2019), https://www.vogue.com/article/kim-kardashian-west-cover-may-2019.  It appears Kardashian was at least in part motivated to become an attorney because of her advocacy for criminal justice reform.  See Ryan Bort, Exclusive: Kim Kardashian, Alyssa Milano, Van Jones Among 50+ Celebrities Lobbying for Prison Reform Legislation, Rolling Stone (Nov. 14, 2018, 12:38 PM), https://www.rollingstone.com/politics/politics-news/kardashian-prison-reform-755934/.  Kim Kardashian West (Kardashian) is endeavoring to become a lawyer through a four-year apprenticeship and independent study.  Id.  Law students across the country began to rethink their choices after seeing law school was not the only option for becoming an attorney.  However, it is uncertain whether Kardashian’s route is actually the easy way out.  See Staci Zaretsky, Kim Kardashian Realizes That Being a Law Student Kind of Sucks, Above L. (May 6, 2019, 1:13 PM), https://abovethelaw.com/2019/05/kim-kardashian-realizes-that-being-a-law-student-kind-of-sucks/. (more…)