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In denying the preliminary injunction, the court refused to apply the parties’ Delaware governing-law provision upon concluding that Alabama had “the most significant relationship to the transaction and the parties” and that Alabama’s “legislatively expressed public policy against broad non-compete provisions (particularly concerning professionals)” was more significant than and outweighed “Delaware’s interest in… [read post]
15 Mar 2023, 5:16 am by Nick Nugent
Alabama, which concerned the plight of Grace Marsh, a Jehovah’s Witness who was arrested for trespassing after she refused to cease proselytizing on the streets of Chickasaw, Alabama. [read post]
14 Mar 2023, 8:06 am by Tobin Admin
The moving party bears the burden of proving spoliation and must show: The missing evidence existed at one time; The spoliating party had a duty to preserve the evidence; and The evidence was crucial—not just relevant—to the moving party’s ability to prove her case. [read post]
3 Mar 2023, 3:00 am by Jim Sedor
Missing from the agenda: many of the Republicans seen as the future of the party. [read post]
7 Feb 2023, 4:56 am by jonathanturley
” Bailey involved an Alabama law making it a crime to refuse to do labor under a contract. [read post]
19 Jan 2023, 1:36 am by Jim Sedor
Mississippi and Alabama mark King-Lee Day as a state holiday. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
(Presumably, Paul would not take solace in the argument that a united Democratic Party could h [read post]
2 Jan 2023, 2:50 pm by Scott Bomboy
Scott Bomboy is the editor in chief of the National Constitution Center. [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
” But the Court found that raising the flag did not constitute government speech. [read post]
19 Dec 2022, 1:14 pm by Scott Bomboy
Scott Bomboy is the editor in chief of the National Constitution Center. [read post]
13 Dec 2022, 2:45 am by Kyle Hulehan
Locally administered taxes create significant tax complexity, and in some cases, the expansion of these obligations on third-party platforms can raise constitutional concerns. [read post]
20 Nov 2022, 9:55 am by David Kopel
"Courts are thus entitled to decide a case based on the historical record compiled by the parties. [read post]
20 Nov 2022, 9:53 am by David Kopel
Of the 220 state or territorial statutes cited in this post, 114 come from just 5 states: Mississippi, Alabama, Georgia, Virginia, and North Carolina. [read post]
18 Nov 2022, 3:52 pm by Eugene Volokh
[I] encourage [parties and] legal scholars to explore the original meaning of this free-speech provision as well as the many other protections of rights in the Alabama Constitution; at present, the literature is minimal. [read post]
14 Nov 2022, 4:00 am by jonathanturley
Of course, the presidential electoral system is locked into the Constitution and would require a constitutional amendment to change. [read post]