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28 May 2024, 3:24 am
[W]e apply the analytical framework set forth by the Supreme Court in Lexmark, which provides two requirements to establish an entitlement to a statutory cause of action. 572 U.S. at 129; see Corcamore, 978 F.3d at 1305 (holding that Lexmark controls the statutory cause of action analysis under § 1064). [read post]
27 May 2024, 10:12 am by Michael Froomkin
State of Washington Department Of Revenue, 544 P.3d 471, 484 (2024) … …but for something so obscure that I had to look up the article to see if I really said that 24 years ago. [read post]
27 May 2024, 9:10 am by Juan C. Antúnez
But here in Florida, not only is textualism dominant, it is arguably[2] mandatory for practitioners since the Florida Supreme Court declared its adherence to “the supremacy-of-text principle” in Advisory Opinion to the Governor re: Implementation of Amendment 4, the Voting Restoration Amendment, 288 So. 3d 1070 (Fla. 2020). [read post]
27 May 2024, 4:00 am by Michael C. Dorf
., 33 N.Y.3d 84, 89 (2019), “[t]o preserve an argument for review by this Court, a party must raise the specific argument in [the trial court] and ask the court to conduct that analysis in the first instance . . . . [read post]
24 May 2024, 10:01 pm by rhapsodyinbooks
California is unique in that for a wine to say it is a “California Wine”, 100% of the grapes used must be grown in state. picture credit: WalletHub You can see some great 3D maps of American Viticultural Areas here. [read post]
24 May 2024, 11:30 am by Vic Carmody Jr., P.A.
Due to the rise in 3D printing and other gun manufacturing technologies, it is now easier than ever to “upgrade” a semi-automatic firearm to a fully automatic gun. [read post]