On June 25, 2015, the Supreme Court held in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (Inclusive Communities or ICP ) that parts of the federal Fair Housing Act (FHA) include a disparate-impact standard of liability. This standard allows liability without a showing of illegal intent and traces back to the […]
CLR Forum
In 2011, the federal district courts began a pilot program to record and post full-length videos from selected civil proceedings. The program was deliberately structured to preserve the quality and integrity of ongoing adjudication. Three-and-a-half years in, the program has revealed an equally important, and unanticipated, benefit: improving the quality and integrity of future adjudication. This Essay describes this second benefit...
In January 2015, the Supreme Court directed the parties to brief and argue an additional question in Johnson v. United States: “Whether the residual clause in the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e)(2)(B)(ii), is unconstitutionally vague.” The order represents an unusual move because the defendant had not raised the vagueness issue […]
Introduction In March 2015, the New York State Department of Financial Services (DFS) entered into a consent order with a major German bank (with New York affiliate branches), Commerzbank AG, regarding that bank’s violations of state and federal anti-money-laundering (AML) laws. And Commerzbank has now paid $1.45 billion to the U.S. government to settle the […]