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7 Sep 2021, 6:00 am by Matthew F. Lintner, Albert J. Carroll
”  Yet any industry-wide change in the industries or markets in which Bardy operated, or any change in any “Health Care Law” would not constitute an MAE, unless such development had a “materially disproportionate impact on [Bardy] as compared to other similarly situated companies …. [read post]
7 Sep 2021, 5:20 am by Michael C. Dorf
 Two other judge-made procedural doctrines also stand as potential obstacles to the anticipatory relief that courts ought to be permitted to afford to abortion providers (or those similarly situated challenging other laws once this ploy becomes widespread). [read post]
7 Sep 2021, 2:03 am by Keith Mallinson
Unacceptable versus acceptable discrimination (i.e. differences in royalty pricing for different licensees) apparently hinges on whether different licensees are deemed “similarly situated. [read post]
7 Sep 2021, 2:03 am by Keith Mallinson
Unacceptable versus acceptable discrimination (i.e. differences in royalty pricing for different licensees) apparently hinges on whether different licensees are deemed “similarly situated. [read post]
6 Sep 2021, 9:01 pm by Austin Sarat
From 1976 to 2015, the date of its last execution, it put 112 people to death, the most of any state other than Texas and Virginia.At the start of this century, capital punishment, not only in Oklahoma, seemed to be a permanent part of America’s criminal justice system; grants of clemency in capital cases were very rare.But today, almost two decades later, the situation has changed dramatically. [read post]
3 Sep 2021, 9:06 am by Kim Ault
Other families in my community who were in similarly challenging situations came to me to find answers and support. [read post]
3 Sep 2021, 8:18 am by Veridiana Alimonti
Other countries, like Argentina, do not have legal rules or case law specifically addressing law enforcement access to subscriber information. [read post]
3 Sep 2021, 5:14 am by Cari Rincker
While some of the differences between a will and trust are subtle; others are not. [read post]
2 Sep 2021, 8:40 am by Hayley Evans
Such prosecutorial moves must not be analyzed in a vacuum and should instead be situated within the larger context of the U.K. government’s post-Brexit “unsplendid isolationist” tendencies and its recent legislative attempts to grapple with “the politics of truth. [read post]
2 Sep 2021, 3:49 am by Kevin Kaufman
The House of Representatives also has a bill, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would also deschedule and tax marijuana.[5] The House bill has a similarly designed tax, but at lower rates. [read post]
30 Aug 2021, 12:27 pm by Mark Tabakman
The FLSA allows individuals to bring suits claims for overtime violations “for and in behalf of’ themselves and othersimilarly situated” employees. [read post]
30 Aug 2021, 11:08 am by Michael Cannan
Trip length and driving environment are other situational factors that motivate some drivers to speed. [read post]
30 Aug 2021, 5:00 am by Casey J. McKinnon
First, small business prime contractors are now permitted to satisfy the percentage work requirements through self-performance or by subcontracting directly to a “similarly situated entity. [read post]
26 Aug 2021, 9:55 am by Scott R. Anderson
The current situation in Afghanistan primarily raises questions of governmental recognition. [read post]
26 Aug 2021, 7:46 am by SMBteam
Similarly, they may not accurately estimate the total amount of lost income they will experience. [read post]
26 Aug 2021, 4:14 am by Michael C. Dorf
I don't want to take a position on whether family, community, or national connections really do create agent-relative duties; for now it suffices to observe the widespread belief that we have agent-relative duties to family members and others with whom we have close ties.Notably, many of the rightly anguished pleas that the U.S. government do more for Afghan translators and others similarly situated liken those Afghans to relatives. [read post]
25 Aug 2021, 2:07 pm by Jonathan H. Adler
 Further, Judge Friedland accepted the EPA's argument that such adjacency was itself sufficient to establish that the Sackett's parcel, when combined with "similarly situated" parcels (i.e. all other lands also adjacent to the same unnamed and nonnavigable tributary), had a "significant nexus" to navigable waters. [read post]