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16 Nov 2021, 10:20 am by Jonathan H. Adler
That there is "substantial evidence" for an agency conclusion does not mean that the agency is correct, let alone that all the evidence points in the same direction. [read post]
15 Nov 2021, 2:45 pm by Eugene Volokh
" While the Town does assert in its appellate briefing that the photos Gonzalez posted "created the risk of imminent public disorder," it also states that "the posts that Gonzalez made on his social media may not have been inherently threatening. [read post]
14 Nov 2021, 5:48 am by Casey Flaherty
(h/t Alex Suv) Real fake examples  Common: Head of Sales complains to GC that legal review is the bottleneck for revenue contracts. [read post]
13 Nov 2021, 12:41 pm by familoo
However, this part of PD12J is actually honoured more in the breach in my experience, and particularly post Re H-N where schedules are now out of favour, the order would really need to incorporate the narrative of a judgment for depth of understanding in order to be of much use. [read post]
12 Nov 2021, 9:52 am by Eugene Volokh
Plaintiff retorts that this argument "just does not make sense" because the witnesses are medical professionals—or medical students—who often use the name "Jane Doe" to refer to unidentified female patients. [read post]
12 Nov 2021, 9:17 am by Jonathan H. Adler
The majority opinion's view that NHTSA's interpretation somehow runs afoul of "plain" non-existent text does not stand up. [read post]
11 Nov 2021, 6:30 am by Guest Blogger
American by Birthbegins its examination of birthright citizenship with Calvin’s Case in 1608, as do two older works on citizenship that it does not cite, but with which its case discussions are largely consistent: historian James H. [read post]
10 Nov 2021, 1:49 pm by Jonathan H. Adler
Plaintiff does not acknowledge the deference owed to the incumbent President's judgment. [read post]
9 Nov 2021, 6:47 am by Ronald Mann
Is it enough for the defendant to show that the applicant couldn’t reasonably believe that the application was accurate, or does the defendant have to show that the applicant actually knew that the application included incorrect information? [read post]
9 Nov 2021, 12:39 am by Neil Wilkof
Indeed, this guest Kat does not share the view of the court that the #Darferdas judgement only applies to signs that are not indissociable from the appearance of the goods. [read post]
7 Nov 2021, 5:01 pm by Ronald Mann
On the question that Unicolors does present, H&M argues that only a reasonable mistake of law should be protected under Section 411. [read post]
4 Nov 2021, 7:42 pm by Jamie Markham
Howren, 312 N.C. 454 (1984), there is no equal protection violation when the same group of people (here, 16-year-olds alleged to have committed a Class H felony) are treated differently at different times (here, before and after the effective date of the Juvenile Justice Reinvestment Act). [read post]