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15 May 2024, 9:01 pm by renholding
Audit firms are private businesses with the same legitimate interest in making a profit that all private businesses have.[1] But audit firms have also been entrusted to be essential gatekeepers in maintaining the integrity of our capital markets. [read post]
10 May 2024, 4:10 pm by Jonathan H. Adler
Emergency filings seeking relief from extraordinary relief (such as when district courts issue national injunctions) "short circuit our process," Justice Thomas remarked, adding "The way we're doing it now is not a thorough way" of doing it. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
Bass and Jonathan Glater of counsel), for The New York City Bar Association, amicus curiae.Moulton, J.The New York City public school system is the largest in the United States. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
Bass and Jonathan Glater of counsel), for The New York City Bar Association, amicus curiae.Moulton, J.The New York City public school system is the largest in the United States. [read post]
5 May 2024, 7:56 am by Jonathan H. Adler
We're in the business of discovering knowledge and then passing it, both newly learned and time-tested, to the next generation. [read post]
9 Apr 2024, 9:01 pm by renholding
In a memorandum opinion and order issued on March 27, 2024, in In re Yellow Corporation, et. al., Judge Craig T. [read post]
4 Apr 2024, 9:30 pm by Brian Connor
WHAT WE’RE READING THIS WEEK In a forthcoming article in the Georgetown Environmental Law Review, Richard L. [read post]
10 Mar 2024, 12:57 pm by Jonathan H. Adler
He has also suggested an alternative: Ditching the requirement of "injury-in-fact" while simultaneously (re)invigorating Article II limitations on private party standing to enforce federal law. [read post]
6 Mar 2024, 9:03 pm by renholding
The Supreme Court articulated the meaning of materiality in cases in the 1970s and 1980s.[6] It is this standard of materiality that is reflected in Commission rules.[7] It is this same materiality standard that appears in numerous disclosure rules governing registration statements and public company annual reports.[8] It is this same materiality standard that is used throughout the final rules we’re considering today. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
 In his opening statement on Thursday, Trump’s counsel Jonathan Mitchell chose to mention only two of these arguments—Nos. [read post]
9 Feb 2024, 6:06 am by Jonathan H. Adler
Mann's attorney also told the NYT they still plan to appeal the prior decisions that had removed CEI and National Review from the case: "Asked about Competitive Enterprise Institute and National Review, John Williams said, 'They're next.'" *  *  * A post-script. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
  (And the fact that Trump’s counsel Jonathan Mitchell doesn’t make any effort to defend this argument should tell you something about its prospects.) [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
    Before I address this argument, it’s important to note that Trump’s counsel Jonathan Mitchell appears to have abandoned two other insurrection-related arguments that Trump made in the Colorado courts:  (i) that the violence at the Capitol on January 6 did not constitute an “insurrection” at all; and (ii) that inciting or aiding an insurrection doesn’t constitute “engaging in” it. [read post]
4 Feb 2024, 10:22 am by Jonathan H. Adler
Could Kamala Harris resolve a dispute over competing electoral vote slates in the 2024 presidential election, perhaps choosing the slate supporting her own re-election as vice president? [read post]