Benjamin C. Glassman

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Articles

Last But Not Least: The Supreme Court Ends This Term’s Historic Revolution in Administrative Law by Clarifying Statute of Limitations for Challenges to Federal Regulations

Jul 9, 2024 | lexology.com | James Barresi |Peter Gould |Keith Bradley |Ludmilla Kasulke |John Burlingame |Morgan Miller | +6 more

On July 1, 2024, the Supreme Court issued a 6-3 decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, holding that 28 U.S.C. § 2401(a)’s six-year statute of limitations, which governs claims under the Administrative Procedure Act (APA), does not begin to run until the plaintiff is injured by final agency action, as opposed to the date of final agency action.
The 2024 Revolution in Administrative Law: Chevron and Beyond

Jun 24, 2024 | squirepattonboggs.com | Keith Bradley |Patricia Doersch |Benjamin C. Glassman
Investigations Involving Alleged Redlining

May 29, 2023 | mondaq.com | Benjamin C. Glassman |Derrick Cephas

Perhaps the signature initiative of the Department of Justice's Civil Rights Division under the current Administration has been its Combatting Redlining Initiative. By "redlining," the Department means that a lender has avoided providing access to home mortgage loans to homeowners and prospective homeowners in majority-minority census tracts, in violation of the Fair Housing and Equal Credit Opportunity Acts.
Investigations Involving Alleged Redlining

May 22, 2023 | lexology.com | Benjamin C. Glassman |Derrick Cephas

Perhaps the signature initiative of the Department of Justice’s Civil Rights Division under the current Administration has been its Combatting Redlining Initiative. By “redlining,” the Department means that a lender has avoided providing access to home mortgage loans to homeowners and prospective homeowners in majority-minority census tracts, in violation of the Fair Housing and Equal Credit Opportunity Acts.
Virtues of Restraint in Federal Appellate Brief Writing

May 11, 2023 | natlawreview.com | Benjamin C. Glassman

Nearly a decade ago, in an opinion by Judge Kethledge, the Sixth Circuit set forth “good reasons not to call an opponent’s argument ‘ridiculous.’” Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584 (6th Cir. 2013). These included “civility; the near-certainty that overstatement will only push the reader away …; and that, even where the record supports an extreme modifier, ‘the better practice is usually to lay out the facts and let the court reach its own conclusion.’” Id. at 585.
Virtues of restraint in federal appellate brief writing

May 11, 2023 | lexblog.com | Benjamin C. Glassman

Nearly a decade ago, in an opinion by Judge Kethledge, the Sixth Circuit set forth “good reasons not to call an opponent’s argument ‘ridiculous.’” Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584 (6th Cir. 2013). These included “civility; the near-certainty that overstatement will only push the reader away …; and that, even where the record supports an extreme modifier, ‘the better practice is usually to lay out the facts and let the court reach its own conclusion.’” Id. at 585.