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23 Feb 2024, 1:43 pm by Rebecca Tushnet
They’d look for some little snippet of text in the Lanham Act; Scalia was a textualist but he could read a law in its entirety. [read post]
22 Feb 2024, 4:29 pm by Seth Davis
According to the court, the Board’s decision not to consider the defense was contrary to the Board’s precedent, which had stated that “[a] union can relinquish its statutory right to information. [read post]
21 Feb 2024, 9:01 pm by Samuel Estreicher and Klara Nedrelow
South Africa contends that Israel has commissioned acts capable of falling within Article II (a), (b), (c), and (d) of the Genocide Convention by “killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting upon them conditions of life calculated to bring about their physical destruction. [read post]
21 Feb 2024, 1:56 pm by Patricia Hughes
INTRODUCTION The Supreme Court of Canada recently decided in Ontario (Attorney General) v. [read post]
21 Feb 2024, 4:00 am by Michael C. Dorf
The most obvious class of examples, as I discussed on Monday and as I explain at greater length in the article, consists of so-called "percentage" plans by which various states guarantee admission to a state university to students graduating in a specified top percentage of their respective high school classes.For example, in his dissent in Fisher v. [read post]
18 Feb 2024, 5:29 pm by Franklin C. McRoberts
Sections 706 (d) and 716 (c) of the Business Corporation Law (the “BCL”) both contain a “for cause” standard for judicial removal of corporate directors and officers. [read post]
18 Feb 2024, 9:54 am by Giles Peaker
The issue was whether sections 19(2)(b), (c) and (d) applied. [read post]
18 Feb 2024, 6:45 am by Chukwuma Okoli
To provide certainty, commercial parties often conclude ex ante agreements on the venue for dispute resolution by selecting the court(s) of a particular state. [read post]