Category Archives: Business Litigation

Why Masterpiece Cakeshop Was Correctly Decided

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

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Alexander Solzhenitsyn and the Masterpiece Cakeshop Case

In an article in the current issue of Touchstone magazine, L. Joseph Letendre discusses the famous commencement speech of Alexander Solzhenitsyn at Harvard University in 1978. One of the points that Solzhenitsyn makes in his speech regarding the decline of the … Continue reading

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The Election of 1912 and the Debate over Antitrust Policy

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

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Masterpiece Cakeshop: Crafting a Minimalist Decision

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

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My New Facebook History Publications Page

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

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Politics and American Business: Adversaries or Allies?

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

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

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

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Liability for False Statements of Opinion Under Section 11 of the 1933 Securities Act

In Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435 (March 24, 2015), the Supreme Court resolved the proper standard by which to determine whether a false statement of opinion is actionable under Section 11 of the … Continue reading

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Supreme Court Will Review Disparate Impact Theory in Housing Cases

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

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Hobby Lobby: A Critical But Limited Ruling For Corporate Religious Exercise Claims

In Burwell v. Hobby Lobby Stores, Inc., No. 13-354 (June 30, 2014), the Supreme Court ruled, by a 5 to 4 margin, that three closely-held corporations did not have to comply with a mandate promulgated by the Department of Health and Human … Continue reading

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