The U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.
- February 28, 2012R. Scott Oswald
Recent rulings of interest.
February 27, 2012ALM Staff | Law Journal Newsletters |Analysis of recent cases of importance.
February 27, 2012ALM Staff | Law Journal Newsletters |As an initial matter, it is patent that, following Global-Tech, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change.
February 27, 2012Joseph F. Savage Jr. and David McCraryIs the benefit test a separate element of liability or an aspect of another element, like breach of duty or scienter? And what counts as a sufficient "benefit"?
February 27, 2012Jodi Misher Peikin and James R. StovallIn this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...
February 27, 2012Kevin J. Walsh and Ella ShenhavThe Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.
February 27, 2012Michael L. CookThe state Senate passes legislation to authorize gay and lesbian couples in New Jersey to marry, but with fewer votes than needed to override Gov. Chris Christie's expected veto of the bill.
February 14, 2012Michael BoothTaking a narrow approach in deciding the blockbuster challenge to California's ban on gay marriage, a split panel of the Ninth Circuit U.S. Court of Appeals on Feb. 7 found Proposition 8 unconstitutional.
February 07, 2012Ginny LaRoeThe ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.
February 01, 2012Richard Raysman and Peter Brown

