Category Archives: american business

Why Masterpiece Cakeshop Was Correctly Decided

Posted on June 15, 2018 by Ed Mannino

The Supreme Court’s decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No.16-111 (June 4, 2018) disappointed both sides by failing to address the the key question presented for decision, namely whether sincere religious objections to same-sex marriage justified a baker … Continue reading →

Posted in american business, American Politics, Business Litigation, Civil Rights Litigation, constitutional litigation, Politics, Religion, Supreme Court, United States Constitution | Tagged Free Exercise Clause and right of seller to decline goods and services to same-sex couple, Masterpiece Cakeshop, religious objections to same-sex marriage, right of baker to decline creating a cake celebrating a same-sex marriage | Leave a comment

The Election of 1912 and the Debate over Antitrust Policy

Posted on April 17, 2018 by Ed Mannino

Since the initial initial passage of the Sherman Act in 1890, the antitrust laws have been the subject of great debate among lawyers, economists, and judges. Little interest, however, has been shown by the popular media in this debate over … Continue reading →

Posted in american business, American History, American Judges, American Politics, Antitrust Litigation, Business Litigation, Economics, Politics, Supreme Court | Tagged Debates over antitrust policy, Election of 1912, Eugene Debs, Theodore Roosevelt, William Howard Taft, Woodrow Wilson | Comments Off

Masterpiece Cakeshop: Crafting a Minimalist Decision

Posted on September 14, 2017 by Ed Mannino

The Masterpiece Cakeshop case presents issues of free speech and free exercise of religion which are important, controversial, and divisive. Almost any decision on these issues will result in a public and academic outcry by whichever side fails to prevail. The court should … Continue reading →

Posted in american business, Art, Business Litigation, Civil Rights Litigation, constitutional litigation, Religion, Supreme Court, United States Constitution | Tagged free exercise of religion protections, free exercise religion v. anti-discrimination laws, free speech protections, Jack Phillips, judicial minimalism, Masterpiece Cakeshop, Supreme Court | Comments Off

Some Thoughts on Warnings in Product Liability Cases

Posted on June 8, 2017 by Ed Mannino

It is impossible today to purchase a product which is not heavily laden with warnings about what might happen if the purchaser is not careful with the product. Many experts have concluded that the proliferation of warnings is counterproductive, and … Continue reading →

Posted in american business, Products Liability Litigation | Tagged product liability trials, trying product liability cases, usefulness of product hazard warnings, warnings in product liability cases | Comments Off

Wedding Cake Wars: Anti-Discrimination Laws and Religious Liberty

Posted on March 27, 2017 by Ed Mannino

Cake makers who have refused to design cakes for same sex weddings have been sued under public accommodations or other anti-discrimination laws and held financially liable to the couples who sued them in several jurisdictions, most notably in Colorado and … Continue reading →

Posted in american business, American History, American Politics, constitutional litigation, Politics, Religion, Supreme Court, United States Constitution | Tagged artist first amendment rights, cake makers first amendment rights, compelled speech, LGBT rights, Masterpiece Cakeshop, refusal to serve same sex couples, religious liberty and cake makers, same sex discrimination | Comments Off

Improving Our Infrastructure: The Trump Plans

Posted on February 6, 2017 by Ed Mannino

Improvements to the nation’s infrastructure have been a major contributor to the success of American businesses throughout the course of United States history. In my new book, Politics and American Business: The Growth of Industrial America, 1860-1960, I document how … Continue reading →

Posted in american business, American Politics, Economics, Politics | Tagged business and infrastructure, highway repairs, infrastructure, President Donald Trump, Trump infrastructure plans | Comments Off

My New Facebook History Publications Page

Posted on August 26, 2016 by Ed Mannino

Friends: I have just opened a new Facebook page featuring my publications on American History. Please take a look on Facebook at Edward F. Mannino @ManninoHistory. This describes all my books, including the just-released Politics and American Business: The Growth … Continue reading →

Posted in american business, American History, American Politics, Business Litigation, constitutional litigation, Economics, Patent Litigation, Politics, Supreme Court, United States Constitution | Tagged access to courts, business and politics, defense spending, Edward F. Mannino, infrastructure, legal protections for technology, Politics and American Business, regulation of business | Comments Off

Politics and American Business: Adversaries or Allies?

Posted on August 5, 2016 by Ed Mannino

Are business and government allies or adversaries? What is the proper relationship between the two? These questions are important issues for the upcoming presidential, congressional, and state elections. They are also the subject of my new book, Politics and American Business: … Continue reading →

Posted in american business, American Politics, Business Litigation, constitutional litigation, Economics, Supreme Court, United States Constitution | Tagged american business, Civil War, Dwight Eisenhower, FDR New Deals, Growth of American Business, infrastructure and business growth, military-industrial complex, patents, politics and business, Populists, Progressives, Supreme Court, Technology and Business Growth, Theodore Roosevelt, trade secrets, Woodrow Wilson | Comments Off

Supreme Court Holds That Disparate Impact Claims Can Be Brought Under The Fair Housing Act

Posted on June 25, 2015 by Ed Mannino

In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc, No. 13-1371 (June 25, 2015), the Supreme Court held, by a 5 to 4 margin, that claims of disparate impact can be brought under the Fair Housing Act. This … Continue reading →

Posted in american business, Business Litigation, Civil Rights Litigation, Supreme Court | Tagged disparate impact theory, Fair Housing Act, residential housing selection criteria, Supreme Court, Texas Department of Housing & Community Affairs v. Inclusive Communities Project | Comments Off

Supreme Court Will Review Disparate Impact Theory in Housing Cases

Posted on October 8, 2014 by Ed Mannino

In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, No. 13-1371 (October 2, 2014), the Supreme Court has agreed to decide whether disparate impact claims are cognizable under the Fair Housing Act. This is the third time the … Continue reading →

Posted in american business, Business Litigation, Supreme Court | Tagged disparate impact theory, Fair Housing Act, residential housing selection criteria, Supreme Court, Texas Dept of Housing & Community Affairs v. Inclusive Communities Project | Comments Off