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9 May 2024, 10:48 am
Supreme Court and for Judge Jeffrey Sutton of the Sixth Circuit Court of Appeals. [read post]
9 May 2024, 7:15 am
Dov Fox (University of San Diego: School of Law) & Mary Ziegler (University of California, Davis - School of Law) have posted The Lost History of 'History and Tradition' (Southern California Law Review, Vol. 98, No. 1 (2024), Forthcoming) on SSRN. [read post]
9 May 2024, 7:00 am
Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court explained… [read post]
9 May 2024, 7:00 am
Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court explained… [read post]
8 May 2024, 2:24 pm
As the Supreme Court ponders what to do with Chevron in Loper Bright Enterprises v. [read post]
8 May 2024, 2:00 pm
Plaintiffs would lose even in the current Supreme Court; fairly clearly, in my opinion.The only thing that surprised me, though, was who was suing.The plaintiffs themselves are John Does. [read post]
8 May 2024, 1:18 pm
On May 6, 2024, the California Supreme Court issued its decision in Naranjo v. [read post]
8 May 2024, 12:15 pm
The California Supreme Court notes that whether premium pay for missed meal breaks should be reported on wage statements as “wages” was unsettled when the case was tried between 2007-2009 and wasn’t settled until the California Supreme Court’s 2022 decision. [read post]
8 May 2024, 6:00 am
The New York Civil Liberties Union, Amicus Curiae, The New York City Bar Association, Amicus Curiae.Plaintiffs appeal from an order of the Supreme Court, New York County (Frank P. [read post]
8 May 2024, 6:00 am
The New York Civil Liberties Union, Amicus Curiae, The New York City Bar Association, Amicus Curiae.Plaintiffs appeal from an order of the Supreme Court, New York County (Frank P. [read post]
8 May 2024, 4:26 am
In a 1984 pornography case, Supreme Court Justice Potter Stewart wrote “I shall not today attempt further to define [obscenity]. . . . [read post]
7 May 2024, 2:19 pm
Supreme Court in Washington. [read post]
7 May 2024, 10:44 am
(Or at least the best one that doesn't take up 20,000+ words.)The California Supreme Court has to wade into all this in deciding this opinion, which holds that, in this particular context, the required mental state of "knowing" is belied by a good faith belief in the legality of one's conduct. [read post]
7 May 2024, 6:30 am
In 1962, the Supreme Court in Robinson v. [read post]
6 May 2024, 10:00 pm
For L&E-specific podcasts, see: The Metaverse and L&E Podcast (Tim Taylor) Recent Supreme Court Rulings Impacting Labor & Employment Podcast (Tim Taylor) The Court Closes with LGBTQ Rights and Biden Debt Plan Podcast (Law 360) The Supreme Court Guts Affirmative Action Podcast (Law 360) Want the Sabbath Off? [read post]
6 May 2024, 5:10 pm
., the United States Supreme Court held that the U.S. [read post]
6 May 2024, 9:58 am
The district court granted the NLRB’s motion to transfer venue to the District Court for the Central District of California, finding that the case “concerns a California administrative proceeding regarding the actions of a California company and its California employees in California. [read post]
6 May 2024, 9:12 am
A recent US Supreme Court decision, Sheetz v. [read post]
6 May 2024, 8:44 am
Supreme Court review. [read post]
6 May 2024, 6:30 am
Pozen describes how Hawaii and Colorado supreme courts acknowledged that alcohol was more dangerous than marijuana and that its classification invited overzealous police practices. [read post]