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Tag: 14th Amendment

April 12, 2018

South Dakota must let boys dance

Freddie Linden is a fifteen-year-old dancer who wants to try out for his South Dakota high school’s Competitive Dance team. Freddie began dancing when he was seven years old, and his family quickly realized that he possessed natural talent for dance. Since then, Freddie has trained extensively, landed roles as a lead dancer in multiple produ ...

October 21, 2016

Victory for Nashville property owners and guests

In an important victory for economic liberty and property rights, today, a judge in Nashville, Tennessee agreed that the Nashville Metro Council’s regulations of short-term rentals are unconstitutional. Among other things, the ordinance banned any form of advertising short-term rentals with signage on the property, and capped the number of n ...

October 05, 2016

Tesla finally challenging Michigan's anti-competitive direct-sales ban in court

Rather than use independent dealerships, Tesla Motors has fought for years to sell its luxurious, electric vehicles directly to consumers through galleries owned and operated by Tesla. It should come as no surprise, then, that the car dealerships have teamed up in various state legislatures to keep Tesla out of their state unless Tesla agrees to ...

August 10, 2016

Dentist's legal battle with Ohio will continue

Advertising one’s area of expertise is usually desirable for both the professional and the public. But if you’re a dentist in Ohio, regardless of whether you are completely qualified in a specialty area of dentistry, you might not be allowed to advertise yourself as a specialist in that area. Fortunately, last week, the Sixth Circuit ...

December 16, 2014

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from a pool of 100 applicants. You give the same standardized test to all 100 applicants ...

June 24, 2013

Preliminary Fisher round-up

It's only been a few hours since the Court announced its 7-1 opinion in Fisher v. University of Texas.  The Court upheld (for the time being) diversity in education as a legitimate goal that universities could pursue, but instructed the Fifth Circuit to apply a strict level of scrutiny to the way the University of ...