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[Neil Siegel] The Collective-Action Constitution: A Brief History of an Idea
4 Jun 2024, 7:30 am by Neil Siegel
Davis, and Helvering v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
What to Watch for Following Historic Climate Opinion from ‘The Oceans Court’
4 Jun 2024, 5:51 am by Melissa Stewart
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued the first-ever opinion by an international court or tribunal articulating States’ obligations with respect to climate change. [read post]
Just Security - https://www.justsecurity.org/
News & Notes
4 Jun 2024, 2:30 am by David Oscar Markus
”  Schlesinger v. [read post]
Southern District of Florida Blog - http://sdfla.blogspot.com/
Second Circuit Rebuffs Starbucks Strategy of Seeking Rank-and-File Employee Discovery in Labor Law Injunction Proceeding
3 Jun 2024, 9:01 pm by Samuel Estreicher and Peter Rawlings
See Leslie v. [read post]
Verdict - http://verdict.justia.com/
What It Means to Be a Zealous Advocate: A Behavioral Approach
3 Jun 2024, 9:00 pm by Jon May
” In Strickland v. [read post]
Verdict - http://verdict.justia.com/
Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion
3 Jun 2024, 6:00 am by Public Employment Law Press
Moreover, under the circumstances presented, plaintiff has failed to meet her prima facie burden of discrimination based on her religion under the McDonnell Douglas test and the somewhat more flexible "mixed-motive" framework (see Melman v Montefiore Med. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion
3 Jun 2024, 6:00 am by Public Employment Law Press
Moreover, under the circumstances presented, plaintiff has failed to meet her prima facie burden of discrimination based on her religion under the McDonnell Douglas test and the somewhat more flexible "mixed-motive" framework (see Melman v Montefiore Med. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Failure to Mitigate Means No Damages for Wrongfully Terminated Employee
3 Jun 2024, 5:00 am by Written on behalf of Peter McSherry
Although every dismissed employee bears the onus of mitigating the damages that arise from wrongful termination, it is the employer who bears the burden of proving the failure to adequately mitigate. [read post]
Peter McSherry Blog - http://petermcsherry.ca/blog/
Failure to Mitigate Means No Damages for Wrongfully Terminated Employee
3 Jun 2024, 5:00 am by Written on behalf of Peter McSherry
Although every dismissed employee bears the onus of mitigating the damages that arise from wrongful termination, it is the employer who bears the burden of proving the failure to adequately mitigate. [read post]
Guelph Employment Law Blog - https://petermcsherry.ca/blog/
Oral Joint Ventures: The Wild West of Business Associations
3 Jun 2024, 4:31 am by Franklin C. McRoberts
As the plaintiff failed to allege a mutual promise or undertaking to share the burden of the losses of the alleged enterprises, he failed to state a cause of action based on a joint venture agreement with regard to the OBST, Royce, and Supramax vessels transactions (citations and quotations omitted). [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
[Ilya Somin] The Supreme Court Was Right to Consider Andrew Cuomo's Unconstitutional Motives in NRA v. Vullo—and the same Principle Applies to Trump and Other Presidents
2 Jun 2024, 3:28 pm by Ilya Somin
As NRA v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
US appeals court rejects unreasonable detention for noncitizens without bond hearing
31 May 2024, 8:22 pm by Chris Rufo | New England Law, US
The Court has also allowed 1226(c) to permit prolonged detentions in Jennings v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
Seventh Circuit Finds Student’s Due Process Rights Violated in Expulsion
31 May 2024, 5:12 pm by Blair & Kim, PLLC
” Doe v. [read post]
Seattle Attorneys Blog - http://www.seattleattorneysblog.com/
Supreme Court once again considers the “categorical approach” to sentencing enhancements
31 May 2024, 11:58 am by John Elwood
They note that in Becerra v. [read post]
SCOTUSblog - http://www.scotusblog.com/
AMENDMENT GRANTED ABSENT PREJUDICE OR SURPRISE
31 May 2024, 5:00 am
# # #HPENY, LLC v T. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
Court Finds That McKennon Law Group PC’s Client Is Entitled to Long-Term Disability Benefits; Rejects Guardian Insurance Company’s Application of Pre-Existing Condition Exclusion
31 May 2024, 4:30 am by McKennon Law Group
On May 9, 2024, in the matter of Jason Kim v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
How a U.S. Supreme Court Ruling Could Affect Title VII Discrimination Claims
29 May 2024, 6:31 am by Resnick Law Group, P.C.
The Supreme Court’s ruling in Muldrow v. [read post]
The New Jersey Employment Law Firm Blog - http://www.thenjemploymentlawfirmblog.com/
Justice Thomas, Supreme Judicial Hypocrisy, and Race
29 May 2024, 4:00 am by Eric Segall
Thomas says the following about Brown v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
Ropes & Gray Discusses AI and the Copyright Liability Overhang
28 May 2024, 9:01 pm by renholding
It remains to be seen what the Copyright Office will recommend to Congress and how it will affect the progression or resolution of these cases, as well as who will bear the potential burdens of infringement liability. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
[Josh Blackman] Hoping for Three More Votes
28 May 2024, 1:45 pm by Josh Blackman
If we will not presently shoulder the burden of correcting our own mistake, they have the power to do so. [read post]
The Volokh Conspiracy - http://www.volokh.com/