Insights & News

In 1952, the U.S. Supreme Court delivered a landmark decision in Youngstown Sheet & Tube Co. v. Sawyer, outlining three zones of presidential power. In Youngstown, the Supreme Court struck down President Truman’s seizure of steel mills during the Korean War. While not the majority opinion, Justice Robert Jackson’s concurrence has endured as the controlling authority. Justice Jackson established a framework dividing presidential power into three zones based on congressional action—or inaction. This opinion remains a cornerstone for understanding executive authority. Zone One: Maximum Power The first category is where the president’s authority is at its highest. This occurs when […]

Overview In the United States, Title IX and Title VII play crucial roles in preventing discrimination, yet they serve distinct purposes. While both promote fairness and equality, they differ significantly in scope, enforcement, and application. Understanding these differences is vital for students, employees, and employers navigating civil rights laws. What is Title IX? Enacted in 1972, Title IX of the Education Amendments prohibits sex-based discrimination in education programs that receive federal financial assistance. The law states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be […]

Understanding the Fifth Amendment and Its Impact on Corporations The Fifth Amendment to the United States Constitution provides a fundamental protection: the right against self-incrimination. This means that no individual can be forced to testify against themselves in a criminal case. While this protection is well-established for individuals, its application to corporations and business entities is far more limited. Understanding the scope and limitations of the Fifth Amendment is crucial for business owners, executives, employees, and shareholders, particularly during corporate investigations. Can a Corporation Invoke the Fifth Amendment? In general, corporations cannot assert Fifth Amendment rights to avoid self-incrimination. Courts […]

A judge recently told my opposing counsel—right after sanctioning her and her clients for three years of frivolous litigation—that the courtroom is not a place for airing grievances, but for legal causes of action. The lesson for this attorney, and all attorneys, is that we must always be mindful of our role as gatekeepers.  As attorneys, we are zealous advocates for our clients, but it is also our responsibility to give hard truths and provide wise counsel. Sometimes, even when a client feels wronged, there may not be a legal remedy—or if there is, the cost or likelihood of success […]