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17 May 2024, 1:07 pm by John Ross
This week the Tenth Circuit vacates that opinion and requests supplemental briefing on how the Supreme Court's recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. [read post]
15 May 2024, 1:19 pm by Stewart Baker
Atonio, 490 U.S. 642, 652-53 (1989), quoting Albemarle Paper Co. v. [read post]
13 May 2024, 4:50 am by Franklin C. McRoberts
” In the case law, there is something of a presumption in favor of intervention: “Whether intervention is sought as a matter of right under CPLR 1012 (a), or as a matter of discretion under CPLR 1013, is of little practical significance since a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings” (Maggi v U.S. [read post]
10 May 2024, 9:30 pm by Karen Tani
H/t Michael Banerjee  The U.S. [read post]
10 May 2024, 5:10 am by Andrew Lavoott Bluestone
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]
9 May 2024, 7:00 am by Public Employment Law Press
 “Obscenity” is one of a few categories of speech that may be regulated by states consistent with the First Amendment (see Penal Law § 235.00).[4]  The U.S. [read post]
9 May 2024, 7:00 am by Public Employment Law Press
 “Obscenity” is one of a few categories of speech that may be regulated by states consistent with the First Amendment (see Penal Law § 235.00).[4]  The U.S. [read post]
6 May 2024, 8:55 am by Lawrence Solum
That decision introduced “antisubordination” into the U.S. [read post]