Insights & News

In the era of the Administrative State, it might seem that federal agencies have the power to create, expand, or amend any laws that they’d like. This, however, ignores the foundational principles of the separation of powers inherent in the United States Constitution and the authority that created these agencies, which was intended to be quite limited. This issue came to a head recently in the Northern District of Alabama when the Court requested briefing on the Department of Education’s attempt to redefine the scope of Title IX, contrary to a prior decision by the Eleventh Circuit Court of Appeals. […]

Obtaining a default judgment in federal court is a procedural mechanism that can expedite the resolution of a case when the defendant fails to respond or defend against the plaintiff’s allegations. It is important to understand the circumstances under which it can be obtained, the procedural steps involved, and some considerations for both plaintiffs and defendants.  As a starting point, a default judgment is a binding judgment in favor of the plaintiff when the defendant fails to respond to a complaint within the time frame set out in the federal rules. A default judgment requires the court to accept the […]

The Freedom of Information Act (FOIA) was passed in 1966, empowering the public to access government records. The purpose is to ensure transparency and accountability within the government. It has become a vital tool for journalists, researchers, activists, and ordinary citizens to scrutinize government actions and hold public officials accountable. This includes citizens utilizing FOIA to redress their own harms caused by the government.   Before FOIA, government operations were often done in secrecy. As expected, this led to a lack of public trust and potential misuse of power. By mandating that federal agencies disclose information upon request (with certain exemptions), […]