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13 Sep 2016, 7:30 am by The Public Employment Law Press
“More than twenty years after this litigation began, we think that outcome is untenable—both as a matter of basic fairness and pursuant to the legal principles that govern this procedurally complex appeal. [read post]
12 Sep 2016, 6:27 am by Joy Waltemath
” The court denied the motion, noting that the parties were entitled to discovery on the arbitrability question before the court would consider additional briefing on the matter. [read post]
12 Sep 2016, 6:01 am
This post examines a recentopinion from the Court of Appeals of Texas – Houston:  Bryant v. [read post]
9 Sep 2016, 8:21 am by Tom Smith
To make matters worse, NYT had to run a correction to the correction after describing Aleppo as the capital of Syria. [read post]
7 Sep 2016, 7:00 am by The Public Employment Law Press
Because the Shreveport Police Department could not show that the chronic condition inquiry in its sick-leave policy was no broader or more intrusive than necessary, it failed to establish as a matter of law that any justifications it offered for the inquiry qualified as a business necessity, a federal court in Louisiana ruled, denying summary judgment against the Rehab Act claims of SPD officers. [read post]
6 Sep 2016, 9:01 pm by Michael C. Dorf
Part of the answer may be that, unlike parliamentary systems in which “snap” elections can be called, potential candidates know exactly when the general election will occur; they then leapfrog one another to get as early a start as possible on fundraising and outreach.American federalism makes matters worse. [read post]
5 Sep 2016, 8:10 am by Ilya Somin
As a matter of legal logic, the definition of “public use” is distinct from most other issues in constitutional law. [read post]
2 Sep 2016, 11:14 am by Zachary Price
Hopefully, this contribution will stick, no matter who ends up replacing Scalia on the Supreme Court. [read post]
1 Sep 2016, 4:11 pm by Patricia Salkin
The city had a long-established custom of “councilmanic prerogative” or “councilmanic privilege”, which was a custom of deference by other Councilmembers to the elected Councilperson as to matters of zoning and land sales in his or her district; thus, Johnson’s refusal to introduce the resolution in effect cancelled the sale. [read post]
31 Aug 2016, 1:31 pm by ccladm
However, the panel, which consisted of three judges, declined to accept that argument, and claimed that because Janssen is a well-known drug manufacturer, it had a duty to warn physicians, and the labelling was a different matter. [read post]
31 Aug 2016, 1:31 pm by ccladm
However, the panel, which consisted of three judges, declined to accept that argument, and claimed that because Janssen is a well-known drug manufacturer, it had a duty to warn physicians, and the labelling was a different matter. [read post]
The existence of a countervailing public policy, like the question of whether a duty arises out of a given relationship, is a matter of law for the court's determination. [read post]
29 Aug 2016, 1:00 pm by Steve Lubet
The letter for publication reflected the matters addressed in the open letter that prompted Dr. [read post]
26 Aug 2016, 11:37 am by Danielle DerOhannesian
Today, intersectionality theory is an important part of the Black Lives Matter and #SayHerName movements. [read post]
26 Aug 2016, 6:21 am
That includes the power to criminalize an individual's expression of sexual fantasies, no matter how perverse or disturbing. [read post]
25 Aug 2016, 9:01 pm by Neil H. Buchanan
And there are also many people who are quite comfortable economically but are drawn to Trump for reasons that boil down to various types of bigotry.Beutler concedes all of that, but he notes that it very much matters whether any among Trump’s supporters would be drawn to an economic populist who was not an unashamed bigot. [read post]
25 Aug 2016, 4:42 pm by Bridget Crawford
Today, intersectionality theory is an important part of the Black Lives Matter and #SayHerName movements. [read post]
25 Aug 2016, 12:39 pm by Michael Grossman
The issue has raised some mention in the news, and it has been a legal matter for a few years, but given the scope and seriousness of the condition, it’s surprising to see how little importance it seems to have been granted. [read post]
25 Aug 2016, 8:11 am by Clay Hodges
Legislators, often pressed by the insurance and big business lobbies, wrote statutes that put caps on the amount of punitive damages that a court could award, no matter what the jury thought was proper and necessary. [read post]