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6 Dec 2022, 11:20 am by Ari Savitzky
Adopting the legislators’ rule would also require the court to turn its back on principles ostensibly favored by its current majority, like original meaning and federalism, which stand against the legislators’ radical and disruptive legal theory. [read post]
1 Mar 2011, 7:18 am by stu@crimapp.com
And it would force the Court to explain how the Justices’ preference comports with the meaning of the Confrontation Clause that the People adopted—or to confess that only the Justices’ preference really matters. [read post]
17 Jan 2022, 10:53 am by Eugene Volokh
[ “[T]he great deference due state economic regulation does not demand judicial blindness to the history of a challenged rule or the context of its adoption nor does it require courts to accept nonsensical explanations for regulation. [read post]
8 Aug 2011, 2:00 am by Kara OBrien
As a matter of sound policy, in the absence of a mandatory Rule 14a-11 regime, the SEC should revisit the Rule 14a-8 amendment and consider a new approach that provides for proxy access as a matter of private ordering with appropriate safeguards. [read post]
19 Sep 2019, 1:52 pm by Bob Bauer
This raises the second question: How much did any of these variations in formal role matter? [read post]
28 Aug 2015, 7:35 am
As a general matter (and as the Supreme Court has recognized) land-use control is generally beyond the scope of federal power. [read post]
24 Apr 2018, 12:00 am by Sean Cuff
  The SEC, however, did find a basis to exclude the Images under rule 14a-8(i)(3) because the Images were irrelevant to a consideration of the subject matter of the proposal and a reasonable shareholder would be uncertain as to the matter on which her or she is being asked to vote. [read post]
12 Aug 2015, 1:36 pm by David D. Burns
First, the Chairman is proposing to his fellow Commissioners that the FCC adopt an order eliminating what he termed “outdated exclusivity rules”–the FCC’s network non-duplication and syndicated exclusivity rules. [read post]
17 Jan 2014, 8:52 pm by Timothy Sandefur, guest-blogging
There is no way to judge the rightness or wrongness of the majority’s decisions in this matter, because the fact that a majority has adopted something just makes it right. [read post]
13 Aug 2020, 1:55 pm by James Kachmar
  The district court again dismissed Ixchel’s complaint, ruling that section 16600 did not apply outside employment matters. [read post]
1 May 2020, 11:14 am by Don Turner Legal Team
The rules for what is considered an essential hearing are clearly laid out in Justice Melton’s emergency judicial order. [read post]
18 Jun 2015, 12:58 pm by Bryan W. Wenter and Ronny Clausner
More than 170 California municipalities have already adopted such inclusionary zoning or housing programs, requiring or encouraging developers to set aside a certain percentage of housing units in new or rehabilitated projects for low- and moderate-income residents. [read post]
9 Apr 2010, 3:00 am by John Day
 This rule was first adopted in Tennessee in the 1915 decision of Burroughs Adding Machine Co. v. [read post]
23 Feb 2018, 9:42 am by Hunton & Williams LLP
In her ruling, the Northern District of California judge considered the facts of the case under the “Borello” test for worker classification, which is derived from a California Supreme Court ruling in 1989 in the matter of S.G. [read post]
25 Oct 2010, 6:23 pm by Seth Borden
Having duly considered the matter, we are not prepared at this time to deviate from our current practice of assessing simple interest. [read post]
19 Jun 2018, 8:18 pm by Timothy P. Flynn
So the matter was brought to the family court where Mother sought a legal ruling on the legal custody of the embryos. [read post]
19 May 2016, 9:39 am by sklemp
Many states have adopted a unified courts system, so hearing that term as well as "unified family court" is not uncommon. [read post]