Waiver No More? Recent White House, SCOTUS Actions Signal Gresham’s Permanence & a Possible End to Medicaid Work Requirements

May 13, 2021 | 2020-2021

In June of 2018, more than 18,000 Medicaid enrollees in Arkansas lost healthcare coverage due to their state’s federally approved policy of conditioning Medicaid eligibility upon work requirements.  The Social Security Act (SSA), which established Medicaid, does not...

The Role of Brady in Pretrial Negotiations

Apr 25, 2021 | 2020-2021

Today, nearly 97% of all federal convictions are the result of plea bargaining.[1]  When entering into a deal, defendants trade some of their constitutional trial rights for certainty.  What motivates prosecutors is the ability to have the freedom to bargain with...

Legalizing Sports Wagering in Massachusetts: A Safe, Entertaining, and Revenue-Generating Compromise

Apr 25, 2021 | 2020-2021

Three years after the United States Supreme Court struck down the federal prohibition on a state’s ability to authorize sports betting, Massachusetts is still considering whether and how to legalize the practice.[1]  Three months into the 2021-2022 legislative...

Big Tech Shakedown: The Sherman Antitrust Act has its Sights Set on Google and Facebook

Mar 30, 2021 | 2020-2021, Blogs

For nearly two decades, the tech industry has grown exponentially with relatively little interference from governmental authorities.  Companies like Amazon, Apple, Facebook, and Google continue to outpace their competitors with few signs of slowing down.  While their...

Circuit Split: Whether Stock Price Movement Under the Efficient Market Hypothesis Is Dispositive of Materiality

Jan 7, 2021 | 2019-2020, Blogs, home blog

In order for the SEC or a private litigant to make out a claim for securities fraud under § 10(b) of the Securities Exchange Act of 1934, it must prove that the alleged misstatements or omissions were material.  While courts often deny summary judgment as to...

Blockburger Test: Whether Obstruction of Justice Statutes 18 U.S.C. §§ 1505 and 1512(c)(2) Can Be Charged in the Same Indictment?

Jan 7, 2021 | 2019-2020, Blogs, home blog, Uncategorized

In 1932, the U.S. Supreme Court established a double jeopardy test to determine if multiple charges can stand together:  each charge must contain proof of a fact which the other does not.  If one charge is merely the lesser-included offense of the other charge, then...