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To the contrary, the concept of “faithful execution” connotes the use of power in the interest of the public, not in the office holder’s personal interests. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking,  the religious cases embrace the concept of adequate alternatives. [read post]
20 Apr 2015, 6:30 am
Blackshades also provided malware designed to launch distributed denial of service attacks. . . . [read post]
4 Dec 2013, 11:04 am by Rebecca Tushnet
Used threat of taking away lower postal rates as leverage, required newspapers and magazines to publish accurate information about ownership, management and circulation and to label ads designed to look like editorial matter. 1913 decision: upheld under First Amendment. [read post]
One night last fall, he discovered via Facebook that a friend of a friend was planning with some co-conspirators to break in to his home. [read post]
27 Dec 2022, 6:30 am by Guest Blogger
” But I have also chided her for several years because of the title of a leading casebook—The Law of Democracy—that she co-edits with two other good friends whom I also respect greatly and, as with Pam, have learned much from over the years, Sam Issacharoff (a former colleague at Texas) and Rick Pildes. [read post]
7 Jun 2019, 5:03 am by Heather Hurlburt
Whatever else 2019 turns out to be, it will enjoy a strong case for being remembered as the golden age of debate over American national security strategy. [read post]
9 Mar 2015, 3:00 am
For the reasons set out in paragraphs 3 and 4 above, a concept is proposed with the aim of improving the functioning of the BOA, and in particular of increasing their organisational and managerial autonomy, the perception of their independence and also their efficiency, in order to respect the principle of effective legal protection.7. [read post]
7 Feb 2018, 12:00 am by Public Employment Law Press
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
3 Aug 2018, 4:00 am by Public Employment Law Press
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
15 Dec 2019, 12:12 am
  The materials that follow include the original Chinese along with some crude English translations.For those interested in specific conceptions of the integrity of Human rights as a global concept, and on the movements toward fracture, which appear to mirror the fracture of global trade along regional lines, the materials below might be helpful. [read post]
13 Jan 2011, 2:55 pm by Bexis
  Id.Next, in Buckman Co. v. [read post]
4 May 2015, 4:47 am by Rebecca Tushnet
Changing labels is common, and the relabeling could be easily done in time: for example, Ben & Jerry’s estimated that the “entire process” of changing its packaging would cost $500 per SKU; that “a simple 4 to 6 word change to a label or package,” including the design, production, and delivery to its manufacturing facility, would be a “fairly easy” change that would take about six weeks; and that it would take six months from “package… [read post]
28 Oct 2015, 11:52 am by Eugene Volokh
In this opinion we reaffirm the comprehensive boundaries of the First Amendment’s free speech protection, which envelopes all manner of speech, even when that speech is loathsome in its intolerance, designed to cause offense, and, as a result of such offense, arouses violent retaliation. [read post]
20 May 2022, 9:30 am by Elizabeth Whatcott
Moreover, while official statements generally register in the frame of law, it is not always clear from the statement itself whether the speaker intends the words to track the Convention’s legal definition of genocide or instead a broader concept – an ambiguity that may be strategic. [read post]
14 Jun 2007, 12:34 pm
.), Chief Justice McEachern provided his understanding as to why the law includes limitation statutes, by referring to the following passage from the Report of the Ontario Law Reform Commission, Report on Limitation of Actions 9, 10 (1969), adopted by the British Columbia Law Reform Commission’s Report on Limitations, (Project No. 6), 1974, Part II, General:These laws are designed to prevent persons from beginning actions once that reasonable time has passed. [read post]
8 Jan 2015, 6:00 am by Administrator
Beginning in the late 1970s, courts established themselves as aggressive co-regulators in this area through their administration of civil actions in negligence. [read post]
3 Nov 2022, 7:01 am by Kyle Hulehan
There are ways to design a carbon tax to address these issues. [read post]