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20 Aug 2019, 7:31 pm by Josh Blackman
Judges Ho and Andrew wrote a joint dissent, which was joined by Judge Smith (see pp. 54-64). [read post]
19 Aug 2019, 10:42 am by Amy Treppass and Michael D. Smith
The Employment Appeal Tribunal (EAT) recently considered the issue of covert recordings in Phoenix House Ltd v. [read post]
8 Aug 2019, 8:31 am by Robert Chesney
  The reason why is clear (and helped significantly in gaining passage of 2339B): It is comparatively hard to show a person knows or intends to support a particular criminal act, and comparatively easy to just show they knew or should have known that their support was going to the benefit of a specific organization. [read post]
28 Jun 2019, 6:03 am by Andrew Lavoott Bluestone
The alleged “lost opportunity” damages are too speculative to support a recovery, since a plaintiff cannot be compensated under a fraud cause of action “for what [he] might have gained” (Connaughton v Chipotle Mexican Grill, Inc., 29 NY3d 137, 142 [2017] [internal quotation marks omitted]). [read post]
28 Jun 2019, 6:03 am by Andrew Lavoott Bluestone
The alleged “lost opportunity” damages are too speculative to support a recovery, since a plaintiff cannot be compensated under a fraud cause of action “for what [he] might have gained” (Connaughton v Chipotle Mexican Grill, Inc., 29 NY3d 137, 142 [2017] [internal quotation marks omitted]). [read post]
10 Jun 2019, 1:40 pm by Mark Walsh
Patent and Trademark Office under a 2011 federal statute, the Leahy-Smith America Invents Act. [read post]
23 May 2019, 7:12 am by John Elwood
Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status. [read post]
16 May 2019, 7:55 am by John Elwood
Last up is Shabo v. [read post]
15 May 2019, 6:00 am by Guest Blogger
In the 2018 midterms, about 12 million more people voted for Democratic senate candidates than for Republicans, and the GOP gained seats. [read post]
14 May 2019, 7:29 am by Andrew Hamm
The following is a series of questions prompted by the forthcoming publication of Michael Bobelian’s “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon, and the Forging of the Modern Supreme Court” (Schaffner Press, 2019). [read post]
7 May 2019, 8:30 am by Scott Bomboy
The Smith citation never gained full Senate approval, while Reno’s dispute ended when the 105th Congress concluded its session without acting on the committee’s recommendation of a contempt citation. [read post]
12 Apr 2019, 2:35 pm by opseo
Social Security And Taxes Many senior citizens preparing for retirement may not realize that their Social Security income could be taxable under certain conditions. [read post]