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22 Apr 2024, 5:00 am by Bernard Bell
The first, the Sixth Circuit’s “authority or duty” test, required plaintiffs to prove “state action” by establishing that either (1) the “text of state law requires an officeholder to maintain a social-media account,” (2) the defendant official “use[s] … state resources” or “government staff” to run the account, or (3) the “accoun[t] belong[s] to an office, rather than an individual officeholder. [read post]
12 Mar 2024, 12:46 pm by admin
The expert witness at issue was an economist, Glen W. [read post]
9 Nov 2023, 9:01 pm by renholding
”[3] This is a low threshold and, thus, the protection against potential abuse is largely left to the discretion and judgment of the investigating agency. [read post]
29 Sep 2023, 4:26 am
  In re Big River Steel LLC, Serial No. 90887436 (September 22, 2023) [not precedential] (Opinion by Judge Thomas W. [read post]
5 Sep 2023, 9:05 pm by renholding
Environmental Protection Agency, to curtail administrative agency discretion.[24] The Court may well take the facts and issues presented in Jarkesy as an opportunity to reduce the authority of administrative agencies, expand presidential power, or both. [read post]
25 Aug 2023, 6:22 pm by admin
Regulatory pronouncements are even more diluted and often involved little more than precautionary principle wishcasting.[20] [1] Christian W. [read post]
20 Aug 2023, 7:40 am by David Adelstein
If you don’t want to arbitrate, don’t agree to an arbitration provision as the means to resolve your dispute. [read post]
5 Jul 2023, 9:08 am by Bianca Saad
Equal Employment Opportunity Commission (EEOC), the agency enforcing anti-discrimination laws at the federal level, in a statement. [read post]
27 Jun 2023, 9:01 pm by renholding
”[38] As then-Commissioner Paul Atkins once said, “[W]e must be vigilant that the shareholder proposal process does not result in the tyranny of the minority. [read post]