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17 Jul 2023, 9:05 pm by ilyabeylin
Last Thursday’s split summary-judgment decision in the case that the Securities and Exchange Commission (SEC) brought against Ripple Labs, Inc. [read post]
16 Jul 2023, 6:44 pm by Franklin C. McRoberts
“Standing and capacity related dismissals are not on the merits” (Favourite Ltd. v Cico, 208 AD3d 99 [1st Dept 2022]), and are deemed to be “without prejudice” (B and H Florida Notes LLC v Ashkenazi, 182 AD3d 525 [1st Dept 2020]). [read post]
8 Jul 2023, 4:33 pm by Barry Barnett
 The year of Paradox’s debut, 1978, arrived “during a peak era of antitrust enforcement”.[6] But by 2004, Professor Bork’s panegyric to maximizing “consumer welfare” had led the United States Supreme Court to pronounce “charging monopoly prices” not only not a crime but an “important element of the free-market system”.[7]Indeed, Bork’s valorization of a narrowly economic measure of consumer welfare as… [read post]
7 Jul 2023, 1:03 pm by Ryan Goodman
Trump’s Authoritarian Presidency”Expert Statement Bright Line WatchJohn Carey (John Wentworth Professor in the Social Sciences, Dartmouth College), Gretchen Helmke (Thomas H. [read post]
2 Jul 2023, 8:52 am by Haley Proctor
An interesting counterpoint to the retroactivity analysis in Weld County is Judge Katsas’s opinion in ITServe Alliance, Inc. v. [read post]
29 Jun 2023, 3:33 pm by John Elwood
§ 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i). [read post]
29 Jun 2023, 9:31 am by Michael C. Dorf
On the last page of his 58-page concurrence in Students for Fair Admissions, Inc. v. [read post]
23 Jun 2023, 9:58 am by Eugene Volokh
., decided by Justice John Segal, joined by Justice Dennis Perluss (read the opinion itself for much more, and there's also a discussion of a constitutional right to privacy claim that I blogged about separately): Neil deGrasse Tyson once said in an interview, "The good thing about science is that it's true whether or not you believe in it. [read post]
14 Jun 2023, 5:52 am
Yesterday. the NLRB issued its decision in The Atlanta Opera, Inc. [read post]