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Tag: hudson

January 28, 2016

Is environmental law an ass?

No, according to a decision from the Second Circuit issued this week. In Friends of Animals v. Clay, a radical animal rights group challenged a federal permit to take migratory birds that pose a risk to planes at New York’s La Guardia and JFK airports. Birds can be a major threat to planes. Collisions can ...

January 26, 2012

Unions and speech: the First Amendment requires opt-in, not opt-out

When it comes to free speech rights, the Supreme Court typically applies the rule of "strict scrutiny," which holds that a government restriction on free speech is presumed unconstitutional, until the government proves otherwise. The reason is that, given the importance of freedom of speech, courts should "not presume acquiescence in the loss of fu ...

August 20, 2010

Is it discrimination to not hire someone because of their criminal record?

Author: Joshua Thompson This story of a lawsuit filed in the Northern District of California has recently picked up some national attention.   The plaintiffs are alleging that First Transit is discriminating on the basis of race because they do both credit and criminal background checks before deciding whether to hire someone. ...

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