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Pam Karlan: On one hand, people often think there are too many lawyers in the United States, but then there’s this countervailing issue of there not being enough legal services. [read post]
3 Jun 2024, 4:46 am by Samuel Bray
Countervailing Equity A contrary and balancing equity; an equity or right opposed to that which is sought to be enforced or recognized, and which ought not to be sacrificed or subordinated to the latter, because it is of equal strength and justice, and equally deserving of consideration. [read post]
31 May 2024, 9:40 am by Daniel J. Gilman
Department of Health and Human Services (HHS), which the FTC announced—in ever-so-neutral and academic fashion—as a “Cross-Government Inquiry on Impact of Corporate Greed in Health Care. [read post]
22 May 2024, 7:44 am by Cyberleagle
… 50    If given the reach contended for by the Commissioner, the removal notice would govern (and subject to punitive consequences under Australian law) the activities of a foreign corporation in the United States (where X Corp’s corporate decision-making occurs) and every country where its servers are located; and it would likewise govern the relationships between that corporation and its users everywhere in the world. [read post]
22 Mar 2024, 10:03 am by Ezra Rosser
Rather, they declared the market’s failure to vindicate labor’s value where any unorganized worker is left to bargain individually over employment terms with corporate employers. [read post]
26 Feb 2024, 9:01 pm by Michael C. Dorf
For example, in U.S. constitutional law, rights cannot be overridden by a simple judgment that countervailing goals prevail: only “compelling” interests can override r [read post]
11 Jan 2024, 1:54 pm by Adam Schwartz
The FTC has recently taken many other welcome actions to protect data privacy from corporate surveillance. [read post]
9 Jan 2024, 9:05 am by renholding
In the wake of the crash, the public was keenly aware of the harm created by large corporations with substantial market power as well as the problems that came from unequal corporate rent distribution and a lack of countervailing government regulation. [read post]
13 Nov 2023, 9:05 pm by renholding
On November 3, 2023, the 10 voting members of the Financial Stability Oversight Council (“FSOC” or “Council”)[1] voted unanimously to finalize (1) amendments to its existing interpretive guidance (“2019 Interpretive Guidance”)[2] governing the designation of nonbank financial companies for supervision by the Federal Reserve Board and application of prudential standards (“Interpretive Guidance”)[3]and (2) an “analytic framework” for… [read post]
1 Nov 2023, 2:23 am by jonathanturley
Even when the NFL caved to kneelers (despite countervailing rules against demonstrations in games), it had every right to bar such protests. [read post]
23 Oct 2023, 6:16 pm by Jeanne Huang
Section 5(1)(g) extends the ACL to the ‘engaging in conduct outside Australia’ by bodies corporate carrying on business in Australia. [read post]
19 Oct 2023, 1:28 pm by Rebecca Tushnet
” Although Kardashian primarily made these claims for use at nightclubs, “presumably” the corporate executive defendants could be jointly liable on a showing that this was done on their/the company’s behalf. [read post]
In this case, the supervisory board can be a countervailing power to safeguard the interests of stakeholders, because a supervisory board should also include independent member(s). [read post]
6 Jul 2023, 4:03 pm by Corynne McSherry
It helps that courts have spent decades assessing those legal protections and balancing them against countervailing interests (such as free expression); it makes little sense to relitigate those issues for a specific technology. [read post]
5 Jul 2023, 4:37 pm by INFORRM
He was never arrested, no charges were ever brought, and there was no countervailing public interest in identifying him. [read post]
26 Jun 2023, 5:01 am by Eugene Volokh
Moreover, although the cases recognize that there may be countervailing interests warranting non-disclosure of certain details, "it must be shown that the denial is necessitated by a compelling governmental interest, and is narrowly tailored to serve that interest. [read post]
20 Jun 2023, 3:34 am by jonathanturley
The point is only that there were countervailing indicators on mask efficacy and a basis to question the mandates. [read post]