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12 Jun 2018, 11:54 am by Robert Epstein
By Robert Epstein When one spouse controls the finances, he or she has the opportunity to use community assets to the benefit of separate property. [read post]
This post was written with assistance from Alison Gabay, a 2018 Summer Associate at Epstein Becker Green. [read post]
6 Jun 2018, 12:00 pm by Ethan Leib
Unfortunately, Epstein makes two pretty basic mistakes in the column. [read post]
5 Jun 2018, 1:25 pm by Jeff Schmitt
Third, the Court arguably answers the issue posited above by Epstein. [read post]
5 Jun 2018, 9:20 am by Sandy Levinson
 But where issues are truly important, precedential "reasoning" has relatively little to be said for it  If I shared Randy Barnett's, Richard Epstein's, or Clarence Thomas's views of constitutional meaning and, more importantly, what constituted the most desirable kind of polity, then I would have no particular commitment to maintaining New Deal precedents in all of their glory. [read post]
5 Jun 2018, 3:06 am
Smith, which Epstein calls "one of the late Justice Antonin Scalia’s worst opinions. [read post]
4 Jun 2018, 9:05 pm by Walter Olson
More commentary: Ilya Shapiro (“the real action is foreshadowed by the concurring opinions”), Eugene Volokh (“will have little effect on other such same-sex wedding service provider cases, especially when government commissioners realize they shouldn’t say more about religion than is necessary”), John Corvino (opinion could put a brake on “rushing to dismiss our opponents as ‘despicable'”), David French (Kennedy’s emphasis on comparing the… [read post]
1 Jun 2018, 10:21 am by Sandy Levinson
  For some this involves expansion of the welfare state; for others, like devotees of Richard Epstein and Randy Barnett, it could lead to the invalidation of the New Deal, but both the Federalist Society and the American Constitution Society seemingly agree that the focus of our attention should be on the judiciary and on reinforcing the view that the Constitution is just terrific and needs only correct interpretation by honorable judges. [read post]
30 May 2018, 11:00 am by Mark Tabakman
As the Epstein Becker post points out, the decision “is an unqualified victory for employers, particularly those who already have such arbitration agreements in place. [read post]
29 May 2018, 4:19 pm by CrimProf BlogEditor
Here is the abstract: This essay, written for a festschrift for Richard Epstein, argues that classical liberals should support robust constitutional protections in... [read post]
29 May 2018, 2:58 am by Walter Olson
Circuit let loose the craziness by reading NEPA, passed a year earlier, as giving private parties the right to challenge government actions [Richard Epstein, Hoover “Defining Ideas” via John Cochrane] Ambassador Nikki Haley says U.S. will not support U.N. global pact on environment [Ben Evansky, Fox News] Recent Federalist Society audio features on Clean Water Act include Jonathan Adler and Timothy Bishop on deference and Peter Prows, Tyler Welti, Jonathan Wood, and Tony… [read post]
24 May 2018, 8:50 am by Mark Tabakman
Copyright: / 123RF Stock PhotoAs the Epstein post notes, one issue was whether isolated deductions from wages undermine the fixed salary requirement. [read post]
23 May 2018, 10:58 pm by Robert Epstein
By Robert Epstein Sometimes a change in circumstances causes a parent to want to change the amount of child support they are paying or receiving. [read post]
23 May 2018, 10:58 pm by Robert Epstein
By Robert Epstein Sometimes a change in circumstances causes a parent to want to change the amount of child support they are paying or receiving. [read post]
23 May 2018, 10:45 pm by Robert Epstein
By Robert Epstein Divorcing parties sometimes agree to hang on to property for some time following the divorce. [read post]
23 May 2018, 10:45 pm by Robert Epstein
By Robert Epstein Divorcing parties sometimes agree to hang on to property for some time following the divorce. [read post]
23 May 2018, 12:24 pm by Epstein Becker & Green, P.C.
Jim Flynn, an attorney in Epstein Becker & Green’s Newark, New Jersey office, recently addressed in separate forums the delicate balance that trade secret owners and their counsel must strike when litigating over trade secrets and confidential information. [read post]