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Southern Union Co. v. United States -- Must a Jury, and not the Judge, Find the Facts Necessary to Impose a Criminal Fine?
The U.S. Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), held that the Fifth and Sixth Amendments of the U.S. Constitution require that any fact which increases punishment beyond the maximum prescribed by statute must be determined by a jury, rather than a judge. The...
By: Paul Rosenberg As described in our blog on January 5, 2012, the National Labor Relations Board’s (“NLRB”) new rules governing union elections introduce a host of changes which will place employers at a disadvantage. The new rules will go into effect on April...
Update: A federal trial court in the District of Columbia has upheld the notice posting requirement in the National Labor Relations Board's (“NLRB”) recently issued final rule requiring nearly all private sector employers, whether unionized or not, to post a notice to their employees...
On March 2, Judge Amy Berman of the US District Court for the District of Columbia ruled that the NLRB has the authority to promulgate the rule it adopted last year (previously commented on here) which will require employers to post a notice informing employees of their rights under the National...
Just this month, after a long three year legal battle, the Ninth U.S. Circuit Court of Appeals ruled that California’s Proposition 8, which is the ballot measure that banned gay marriage, is unconstitutional. The question remains-will this case now head to the U.S. Supreme Court? Lawyer2Lawyer...