Category Archives: Primary

The Ongoing Assault on Corporate DEI Programs 

JOEL ZEMACH—The Supreme Court’s decision to end universities’ affirmative action programs in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College has sparked a flurry of litigation directed at extending the Court’s colorblind stance on education to corporate diversity, equity, and inclusion (“DEI”) programs. While the Court did not proclaim to effectuate […]

Cameras in the Courtroom: Will Our Nation’s Highest Courts Be Turned Into Courts of Public Opinion?

EMILY GRADY—In March of this year, two bills were introduced in Congress to increase public access to both the federal courtrooms and the Supreme Court of the United States. The bill pushing for media coverage in the federal courtrooms gives the presiding judge the authority to permit a wide variety of media coverage including broadcasting, […]

The Future is Uncertain for Miranda Warnings

MARY VOLLMAR—We all know the famous lines: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present. If you cannot afford an attorney, one will be appointed to you.” As quickly as these warnings […]

SEC Publishes Unprecedented Proposed Rule on Climate-Related Disclosures

ISAAC FUHRMAN BORGMAN—On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) revealed a long-anticipated rule to enhance and standardize climate-related disclosures for investors among public companies. Under the unprecedented rule, the SEC would require a registrant to disclose information about: (1) the governance of climate-related risks and relevant risk management processes; (2) the […]

Meta’s Stock Plunge Hints at a Future Data Privacy Battle in the Metaverse

ZACH GREGG—In early February, Facebook’s parent company Meta Platforms, Inc. (“Meta”) suffered the worst single-day crash in stock market history. The price of the company’s shares declined twenty-six percent, wiping out an unprecedented $250 billion from the tech conglomerate’s market value. Meta’s plummet is partially attributable to its underwhelming year-end earnings report, which the company […]