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18 Nov 2020, 4:00 am by INFORRM
The main driver for legal reform in the 2013 Act was the strong public interest in free expression about the activities of multi-national companies, some of which are as wealthy and powerful as countries, and the potential chilling effect of enabling them to bring libel claims. [read post]
” So if Remedy A would trigger a very complicated and close severability analysis and Remedy B would trigger an easy and obvious severability analysis, this distinction itself provides reason to prefer Remedy B.In the ACA context, at least upon superficial analysis, Remedy B (enjoining the 2017 tax repeal) wouldn’t seem to raise a difficult question at all; the tax-zeroing provision appears conceptually and functionally disjoined from other provisions of the TCJA, and… [read post]
29 Oct 2020, 10:38 am by Zahavah Levine, Thea Raymond-Sidel
This post is the fourth of a five-part series on litigation about mail voting during the 2020 general election. [read post]
4 Dec 2019, 7:41 am by Peter Margulies
§ 18051(e)(1)(B) expressly provides for eligibility of lawfully present noncitizens. [read post]
21 Aug 2019, 4:40 pm by INFORRM
 In practice, many harassment claims are very strong or undefended and so this may save time and costs. [read post]
21 Jun 2019, 10:07 am by Andree Blumstein
Justice Brett Kavanaugh is of the view that that “the Lemon test is not good law” and that the “Court no longer applies the old test articulated in Lemon. [read post]
29 May 2019, 7:39 am by Ronald Mann
” In the same way, Section 1453(b) also states that removal is appropriate “by any defendant without the consent of all defendants. [read post]
19 Mar 2019, 7:28 pm by Kathryn Moore
Chief Justice John Roberts questioned Kimberly’s assertion that there should be a strong presumption in favor of judicial review. [read post]
5 Jan 2019, 8:34 am
Cambridge, UK: Cambridge University Press, 1993.Ross, Eric B. [read post]
25 Dec 2018, 9:30 pm by Series of Essays
Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court? [read post]
29 Nov 2018, 1:28 pm by Brett Frischmann
Faith in personalization is so strong, that some legal scholars now advocate for personalized law. [read post]
6 Nov 2018, 12:08 pm by Sandi Zellmer
” Roberts immediately remarked that “‘commandeer’ is strong language. [read post]
18 Oct 2018, 10:42 am by Ronald Collins
And Justices Neil Gorsuch and Brett Kavanaugh (identified as “stalwart originalists”) also follow in this tradition. [read post]