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28 May 2024, 8:29 am by Dennis Crouch
Although the opinion does not delve directly into the underlying issue, I expect that the 20% minority owners of Hobbs Winery would have liked a revenue cut from these new ventures. [read post]
27 May 2024, 2:27 pm by Michael Lowe
Federal Criminal Defense: Right to Counsel and Indigent Defense The Sixth Amendment of the United States Constitution provides that “…[i]n all criminal prosecutions, the accused shall … have the Assistance of counsel for his defence. [read post]
21 May 2024, 9:01 pm by renholding
Retirement Investors For purposes of the new test, the Final Rule has added a new definition for the recipients of investment advice: Term Definition Retirement Investor a plan, plan participant or beneficiary, IRA, IRA owner or beneficiary, plan fiduciary within the meaning of ERISA section (3)(21)(A)(i) or (iii) Code section 4975(e)(3)(A) or (C) with respect to the plan, or an IRA fiduciary within the meaning of Code section 4975(e)(3)(A) or (C) with respect to the IRA. [read post]
3 May 2024, 12:30 pm by John Ross
Fourth Circuit: Guys, you can't tell someone what to do, and then when he does it arrest him for willfully violating the law. [read post]
29 Apr 2024, 8:14 pm by Kurt R. Karst
The Dems conclude by walking back their demand somewhat that DEA deschedule marijuana altogether by expressing hope only that “DEA will not make the unprecedented choice to disagree with HHS’s medical finding that a drug does not belong in Schedule I. [read post]
19 Apr 2024, 9:27 am by CFM Admin
The Court rejected several of Coinbase’s arguments about the application of Howey, noting that Howey does not recognize a distinction between tokens purchased directly from an issuer and those purchased on the secondary market. [read post]
18 Apr 2024, 9:01 pm by renholding
Here, I think we can draw from general principles of what I’ve called “proactive compliance. [read post]
16 Apr 2024, 4:27 pm by Eugene Volokh
Steve Vladeck (now at Texas), Michael Dorf (Cornell), and Marty Lederman (Georgetown). [* * *] I've been hearing some buzz about whether House Speaker John A. [read post]
12 Apr 2024, 4:05 pm by Lawrence Solum
In Part III, I focus on the limits of the right to exclude, making special reference to the famous necessity cases of Ploof v. [read post]
11 Apr 2024, 9:01 pm by Vikram David Amar
Right now, Nebraska (along with Maine) does not allocate presidential electors in a winner-take-all fashion. [read post]
29 Mar 2024, 7:28 pm
That does not suggest laissez faire in the style of Milton Friedman--it does suggest that public policy creates guard rails and expectations but does not drive micro-decision making. [read post]