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Federal Courts

Fifth Circuit Cites Nondelegation Doctrine in Declaring Horseracing Regulation Body Unconstitutional

By Joseph Fawbush, Esq.

Horse racing has existed since before the U.S. federal government. But until 2020, the industry was largely regulated by state and local governmental bodies. The push for uniform regulations came after the public became aware of significant problems afflicting the sport, including the death of 30 racehorses in just one park in 2019 and numerous allegations of doping.

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DACA Hanging By a Thread After Fifth Circuit Ruling

By Laura Temme, Esq.

Those who qualify for protection from deportation under DACA (known as DREAMers) have been on uneven footing for years. And while the Biden administration made moves to codify the program, will that be enough to overcome the legal challenges DACA faces?

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The Onion Joins Free-Speech Case Against Police as Amicus

By Richard Dahl

Will the U.S. Supreme Court allow a man who was arrested for making fun of police on a Facebook page to sue? The man, Anthony Novak of Parma, Ohio, is trying to convince the court to take up his case and called upon an unusual party to assist him with an amicus brief: the satirical news platform The Onion.

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Federal Circuit: AIs Are Inventions, Not Inventors

By Joseph Fawbush, Esq.

Modern AI (artificial intelligence) involves sophisticated algorithms and massive computing power. AI has been used to solve numerous problems, and it seems AI's only limit is human creativity. Despite its successes, however, no AI has reached sentience (or even so-called "strong" AI), despite claims that a Google employee recently made regarding LaMDA. We are a ways away from HAL 9000, but even so, weak AI is powering numerous industries and helping researchers, scientists, and others develop groundbreaking and novel technologies.

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Drug Distributors Win Groundbreaking Opioid Lawsuit in West Virginia

By Laura Temme, Esq.

Huntington and Cabell County alleged that the three distributors failed to maintain controls that would have prevented the oversupply of addictive substances like Oxycodone. At trial, attorneys for McKesson argued that holding the companies liable would "force distributors to second-guess doctors' prescribing decisions."

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Supreme Court Allows Biden Administration to End 'Remain in Mexico' Program

By Laura Temme, Esq.

On its final day of decisions for the 2021-2022 term, the U.S. Supreme Court held that the Biden administration could end the Trump-era policy that required asylum seekers to stay on the Mexican side of the southern border while they waited for approval.

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