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14 Feb 2016, 1:32 pm by Lawrence B. Ebert
At step one, we ask "whether Congress has directly spoken to the precise question at issue. [read post]
10 Feb 2016, 1:25 pm by Jason C. Gavejian
” Summing up the months following the Court of Justice of the European Union’s ruling in Schrems v. [read post]
8 Feb 2016, 6:32 am by David Ryan
Additionally, Morrison’s explanation of the “focus” test is far more detailed and analytically precise than the Kiobel majority’s one-sentence announcement of the “touch and concern” standard. [read post]
7 Feb 2016, 8:01 am by Venkat Balasubramani
I’m not sure what precisely the court’s standards are for when something gets memorandum treatment, but both of these involved novel and interesting issues, and indeed one ruling drew a dissent. [read post]
4 Feb 2016, 4:00 am by Administrator
Fourth, that this does not require the creation of new categories of workers, or new labels – in fact we can use any term we wish as long as we use it sensibly, i.e. purposively. [read post]
3 Feb 2016, 1:44 pm by Ron Coleman
 Well, first, the standard — enunciated for the first time in DC Comics v. [read post]
28 Jan 2016, 9:26 am by David Strifling
  Federal courts use the well-known Chevron[1]standard, analyzing first whether Congress has “directly spoken to the precise question at issue”; if it has, the court must give effect to that Congressional intent. [read post]
23 Jan 2016, 10:50 am by JB
The basic framework includes the Constitution’s text, and its choice of legal norms-- that is, rules, standards, principles and silences. [read post]