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7 May 2023, 6:00 am by Lawrence Solum
For example, the intention behind the equal protection clause might be formulated at a relatively high level of generality--leading to the conclusion that segregation is unconstitutional--or at a very particular level--in which case the fact that the Reconstruction Congress segregated the District of Columbia schools might be thought to support the "separate but equal" principle of Plessy v. [read post]
11 Dec 2023, 8:33 pm by Kurt R. Karst
First, FDA notes that the Agency is “currently working to enhance our Third-Party Review Program, which was reauthorized under MDUFA V. [read post]
27 Jun 2022, 11:08 am by Eric Goldman
We don’t do “A-for-Effort” laws in the U.S., and generally we rely on rules, not standards, to provide certainty to businesses and reduce regulatory overreach and censorship. [read post]
3 Aug 2016, 9:30 pm by Dan Ernst
 In conclusion, Sally observed that monopoly plays a prominent role in all three papers. [read post]
21 Dec 2021, 5:00 am by Rick St. Hilaire
Steinhardt, a prolific collector of archaeological material whose name is synonymous with cultural property cases like U.S. v. [read post]
21 Dec 2021, 5:00 am by Rick St. Hilaire
Steinhardt, a prolific collector of archaeological material whose name is synonymous with cultural property cases like U.S. v. [read post]
19 Apr 2019, 2:20 pm by Mark Graber
  In mid-January 2017, incoming National Security Advisor Michael Flynn falsely denied to the Vice President, other administration officials, and FBI agents that he had talked to Russian Ambassador Sergey Kislyak about Russia 's response to U.S. sanctions on Russia for its election interference. [read post]
12 Oct 2020, 8:05 pm by Marty Lederman
Kennedy, Barack Obama and Mitt Romney, this year I also assigned two other readings:  a 1998 article co-written by Amy V. [read post]
28 May 2015, 6:00 am by Administrator
Blackburn, this was a compromise between the strict rules of prominent libraries in Europe, which allowed no browsing at all, and the then current policy at the University of Toronto, which had relaxed access to the point of letting in all university students as well as paying members of the public. [read post]
31 Aug 2011, 10:27 am by Badrinath Srinivasan
Specific performance clauses – prominently featured in recent high-profile M&A litigation – are less common when inexperienced M&A lawyers involved. [read post]
24 Oct 2013, 10:26 am by Paul Rosenzweig
  Too much transparency defeats the very purpose of democracy; Third, applying these concepts to the consideration of NSA surveillance leads me to the following conclusions (and here I have selected only a few of the most prominent proposals for discussion): An in-house advocate before the FISA court, called at the court’s discretion, might improve decision-making; Data retention rules and distributed databases will be ineffective and no more privacy protective; Post-collection… [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
The heavy reliance by group health plans and health insurers upon internet based applications and portals to carry out online enrollment, claims administration and payment, reporting and a host of other key health plan functions makes it particularly important for health plans, their employer or other sponsors, fiduciaries, vendors, and other involved in health plan administration or using or accessing health plan data to verify and ensure the internet data sharing and other applications and portals… [read post]
23 Jan 2017, 2:47 pm by Cynthia Marcotte Stamer
Employer and other health plan sponsors, fiduciaries and insurers generally should be prepared to prove that they are maintaining and administering their health plans to comply with many Patient Protection and Affordable Care Act (ACA) mandates pending Congressional repeal or reform of the ACA, despite President Trump’s January 20, 2017 Executive Order on “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal” (Executive Order) because the… [read post]
Recent ESG-Related Actions at the State Level While ESG continues to grow in prominence as an investment framework, a number of state legislatures, governors, and attorneys general have taken steps to limit ESG considerations in investment and spending decisions—particularly with respect to public investments (e.g., state pension funds) and government contracts. [read post]
4 Oct 2007, 8:10 am
Indeed, this litigation was so scientifically bogus that it gave us Daubert v. [read post]