Articles

03.28.18

Constitutional Protection Against Temporary Takings

"It is probably time to say a few words about a pending petition for certiorari that is getting a lot of play in the popular, as well as legal, press. The case involves Martins Beach in Northern California. More particularly, it involves the question of ownership and control of access to that ...


03.23.18

Experiential Marketing at SXSW—Worth the Hype?

From Viceland’s baby goats to Warner Bros.’ Ready Player One activation to HBO’s real-life Westworld, SXSW goers enjoyed another year of buzzworthy and impressive film and TV marketing activations. Since its founding in 1987, SXSW has experienced tremendous growth in attendance, ...


03.22.18

NLRB’s Prior Joint Employer Standard Back in Effect

Why it mattersIn a blow to employers, the National Labor Relations Board (NLRB) vacated its decision in Hy-Brand Industrial Contractors, Ltd., where the majority had reversed the “joint employer” standard adopted in Browning-Ferris Industries of California, Inc. In 2015, the NLRB ...


03.07.18

A Letter to Songwriters on the Copyright Royalty Board

After a two year battle and tens of millions of dollars spent by the NMPA and the digital streaming services regarding setting new streaming mechanical rates, the Copyright Royalty Board recently posted its decision on streaming payouts to songwriters and publishers. Though the headline news is a ...


03.07.18

Practical Strategies for Integrating the Cost of Social Interventions Into Medicaid Managed Care ...

It now is widely recognized that social factors such as unstable housing, employment instability and lack of healthy food have a substantial impact on health outcomes and spending, particularly for lower-income populations. Not as well recognized, though, is that states have a number of tools at ...


03.06.18

If You’re a Loser, Act Like It

"Last month’s column explored appellate standing with a focus on how appeals are limited to aggrieved parties. Appropriately enough, it was titled “Appeals Are for Losers.” But you know who the real losers are? Parties who attempt to appeal but muck it up somehow and have ...


03.01.18

Strange Things Are Afoot in Takings Case

"A petition for certiorari is pending in a strange takings case: Brott v. United States, 17-712. Although few come in contact with this kind of taking, the legal issues surrounding its process are what is strange. The case concerns a federal statute involving the conversion of abandoned ...


02.27.18

Trump Shouldn’t Avoid Answering Mueller’s Questions

President Trump’s lawyers are reportedly counseling him to avoid answering questions from special counsel Robert S. Mueller III, including taking an aggressive approach to asserting executive privilege. As a former White House counsel who once took that position myself, back when President ...


02.23.18

The Music Modernization Act: What Is It & Why Does It Matter?

This bill was borne from good intentions and a genuine desire by songwriters, publishers and DSPs to solve a problem.The negotiated and much debated Music Modernization Act is now before our Congress and Senate, two groups embroiled in stalemates on health care, immigration and government ...


02.22.18

IPAB RIP

I come to bury IPAB, not to praise it.Like Brutus and his co-conspirators wielding the knife against Julius Caesar, the budget deal Congress passed in the early morning hours of February 9 put to death an idea whose time apparently never came and, now never will. The Independent Payment Advisory ...