Constitutional Law

The Constitution is a document constantly analyzed for its impact and meaning, and how the principles within apply to modern legal issues. Litigation happens on a regular basis in the circuit courts and the Supreme Court that impacts the way the Constitution is interpreted, and the National Law Review has legal analysis on these cases and interpretations, as well as predictions on how these cases might land.

The First Amendment Right to Free Speech, the Right to Protection Against Unreasonable Search and Seizure under the Fourth Amendment, Due process violations under the Fourteenth Amendment, and the Government’s Power of Eminent Domain, afforded under the Fifth Amendment, are among the leading stories and news visitors will read about on the National Law Review. How these provisions might apply to modern scenarios not envisioned by the Founding Fathers is analyzed by the legal experts who write for the National Law Review.

The Establishment Clause and Dormant Commerce Clause under the Fifth and First Amendments, and Anti-discrimination laws under the First Amendment are some of the topics covered by the National Law Review. Visitors can read about Constitutional issues in litigation, including Article III, which affords a party to bring forth a case at the federal or state level. The constitutionality of administrative proceedings against Administrative agencies, including the Securities and Exchange Commission (SEC), the Federal Trade Commission (FTC), and agencies that govern immigration like the United States Citizenship and Immigration Services (USCIS), are among the different types of commentary and stories visitors will read about on the site.

The National Law Review covers topics related to all Amendments under the Constitution, citizens' and civil rights, agency rights, and the different clauses which are set forth under those amendments. For visitors who want to learn about the latest challenges to the Constitution or Amendments, Supreme Court Decisions, and cases that set forth new precedent, based on the Constitution and Constitutional rights, can find these stories on the National Law Review.

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Aug
23
2011
Eleventh Circuit Strikes the ACA's Individual Mandate as Unconstitutional, Setting Up a Circuit Split and Making Supreme Court Review More Likely McDermott Will & Emery
Jan
1
2012
Stepping Over the Line: Can an Administrative Agency Overturn a Court’s Ruling? McDermott Will & Emery
Sep
10
2012
Statutory Provision on Royalty Judges Violates Appointments Clause McDermott Will & Emery
Jun
16
2013
In Upholding Midwestern Independent System Operator (MISO) Tariff, Seventh Circuit Declares In-State Renewable Preference Unconstitutional McDermott Will & Emery
Aug
30
2013
Treasury Department & IRS Issue Defense of Marriage Act (DOMA) Guidance – Adopt a “State of Celebration” Approach McDermott Will & Emery
Jul
1
2015
Employee Benefits Implications of Supreme Court Decision on Same-Sex Marriage McDermott Will & Emery
Feb
26
2020
Supreme Court Tackles Tax-Related Cases McDermott Will & Emery
Feb
9
2024
Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-Related Lawsuits McDermott Will & Emery
May
31
2011
Illinois Civil Unions Complicated by Federal DOMA and Potential DOMA Repeal McDermott Will & Emery
Aug
25
2011
Eleventh Circuit: Individual Mandate Unconstitutional, but Rest of ACA Stands McDermott Will & Emery
May
1
2012
New Code of Conduct for Members of the European Parliament – UK Bribery Act McDermott Will & Emery
Aug
30
2013
Use of Athlete’s Likeness in Video Game Not Protected by First Amendment McDermott Will & Emery
Oct
4
2013
Fourth Circuit Holds that Alcoholic Beverage Control Board (ABC) Regulation Cannot Prohibit Advertising in All College Newspapers McDermott Will & Emery
Jul
31
2014
Tax Reform in New York: Implications for Corporate America [VIDEO] McDermott Will & Emery
Nov
20
2014
Between a Rock and a Hard Place: Navigating Disclosures to U.S. Regulators Within the Framework of China’s State Secrets Law McDermott Will & Emery
Jan
29
2016
Disparagement Proscription of § 2(a) Is Unconstitutional McDermott Will & Emery
Jun
19
2013
Federal Circuit Has Appellate Jurisdiction Even Where Damages, Willfulness Have Not Been Determined McDermott Will & Emery
Aug
2
2013
Two Federal Courts Recognize Same-Sex Spousal Rights for Residents of States Not Permitting Same-Sex Marriage McDermott Will & Emery
Nov
11
2013
Same-Sex Marriage in Illinois McDermott Will & Emery
Nov
10
2022
Supreme Court to Consider Whether Lanham Act Reaches Foreign Defendants’ Extraterritorial Conduct McDermott Will & Emery
Dec
11
2012
Federal Court Vacates Conviction for Truthful Off-Label Promotion of FDA-Approved Drug McDermott Will & Emery
Aug
4
2013
No Declaratory Judgment Jurisdiction Where Binding Assurances of No Litigation Eliminates Any Possible Justiciable Case or Controversy in Patent Case McDermott Will & Emery
Feb
27
2014
Experience Jimi Hendrix, Post-Mortem Publicity Rights: Experience Hendrix LLC et al. v. HendrixLicensing.com LTD et al. McDermott Will & Emery
Aug
30
2016
Texas Court Strikes Down Prohibition on Payments for Brand Rights McDermott Will & Emery
Jun
28
2019
Wisconsin Enacts Discriminatory Exit Charge for Businesses Moving out of State McDermott Will & Emery
Nov
25
2019
Principal Or Inferior? PTAB APJ Appointment Held Unconstitutional McDermott Will & Emery
Aug
12
2022
Supreme Court to Consider Whirlpool’s Petition for Certiorari in Significant Subpart F Case McDermott Will & Emery
Jun
15
2023
“TRUMP TOO SMALL” Trademark Decision Heads to Supreme Court McDermott Will & Emery
Jul
31
2012
The Strategy of Acquiring Distressed Assets by Purchasing Secured Claims is Aided by a Recent Supreme Court Opinion McDermott Will & Emery
Jun
5
2013
Nexus in a New York Minute: Advisory Opinion on Business Activities McDermott Will & Emery
Sep
10
2013
New Jersey Tax Court Issues Important Order on the State’s Throw Out Rule McDermott Will & Emery
Oct
30
2013
New California Law Affects State Taxation of Employer Tax Gross-Ups for Domestic Partners McDermott Will & Emery
Dec
5
2013
U.S. Supreme Court Denies Certiorari to Review New York’s Click-Through Nexus Law McDermott Will & Emery
Dec
17
2013
Mexican Energy Reforms Bring E&P (Exploration and Production) Opportunities and Much More McDermott Will & Emery
Feb
11
2017
Battat v. Commissioner: A Primer on the History of the US Tax Court McDermott Will & Emery
 

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