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19 Apr 2023, 4:30 am by Michael C. Dorf
Using that one shot on the platinum coin gambit when it would be so much simpler and more credible to issue debt in the usual course would be profoundly unwise.Bottom Line: Our conclusion that trillion-dollar platinum coins are unlawful does not depend on our policy druthers in the face of a debt ceiling crisis, but it does align with those druthers. [read post]
18 Apr 2023, 5:32 pm by Kendall Lowery
The Court held that the voters could set those higher standards via initiative, as state law does not reserve the power to set those standards for local legislative bodies. [read post]
18 Apr 2023, 4:21 pm by Cynthia Marcotte Stamer
Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. [read post]
18 Apr 2023, 8:47 am by Mack Sperling
Here’s how the territory was defined as: (i) the entire world; (ii) North America; (iii) the United States ofAmerica; (iv) each state in which the Company does business or didbusiness at any time within two (2) years prior to the termination of myemployment with the Company; (v) the States of Maryland, Virginia,North Carolina, South Carolina and Georgia; (vi) the State of NorthCarolina; and (vii) Wake County.Op. [read post]
18 Apr 2023, 7:27 am by Phil Dixon
Stale information does not establish probable cause, but whether information is stale depends on the facts of the case under the totality of the circumstances. [read post]
18 Apr 2023, 5:48 am by Eugene Volokh
Doe was attempting to proceed anonymously, and hence, the court did not err in dismissing the complaints for violating Rule 2-201. [read post]
18 Apr 2023, 5:48 am by Elizabeth Goitein
Moreover, they have little practical effect when the government engages in bulk collection — a dragnet approach in which the government does not identify particular targets. [read post]
18 Apr 2023, 5:35 am by Rebecca Tushnet
VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. [read post]
18 Apr 2023, 5:31 am by Eugene Volokh
The post Court Rejects Defendant's Request to Seal 9-Year-Old Libel Case appeared first on Reason.com. [read post]
18 Apr 2023, 5:16 am by Eric Columbus
Nor does it matter legally that Jordan—defending a subpoena in the service of protecting Trump—defied a subpoena issued to him by the Jan. 6 committee. [read post]
18 Apr 2023, 4:00 am by Second Circuit Civil Rights Blog
First, for purposes of pleading a discrimination claim, it does not matter that plaintiff's supervisors had previously treated plaintiff well. [read post]
18 Apr 2023, 4:00 am by Eric Segall
Perhaps the most important disputed point is the one at issue in Counterman: does the government have to prove beyond a reasonable doubt that the defendant subjectively intended to threaten the victim? [read post]
17 Apr 2023, 11:09 am by Andreas Kaltsounis
If the process does not include the attestation or if the attestation states that it does relate to protected health care services, the law does not require the recipient to comply with the process. [read post]
17 Apr 2023, 10:30 am by Kenan Farrell
Based on the location of the defendant (California), we might also see some preliminary jurisdictional challenges. [read post]
17 Apr 2023, 7:44 am by zola.support.team
One key piece of sentencing evidence could be an assessment from a psychiatrist showing that a defendant does not meet the profile of a sex offender and is unlikely to re-offend. [read post]
17 Apr 2023, 7:05 am by Eliana Baer
While that insight certainly illustrates the ways in which a secular court may be hamstrung in its ability to compel a husband to provide a Get, it still does not resolve the ultimate issue of how a court can adequately address this issue without implicating First Amendment concerns. [read post]
17 Apr 2023, 5:57 am by Keian Razipour
On Mar. 30, the International Court of Justice (ICJ) issued its judgment on the merits in Certain Iranian Assets, nearly seven years after the case between Iran and the United States was first filed. [read post]
17 Apr 2023, 5:50 am by INFORRM
The disposal hearing followed an order by Sir Andrew Nicol, dated 22 October 2021 striking out the defence filed by each defendant and ordering judgement for the claimant. [read post]
17 Apr 2023, 5:34 am by Rebecca Tushnet
” FDUTPA: A prevailing party in a FDUTPA action may recover reasonable costs and attorney’s fees from the nonprevailing party according to the court’s discretion, which does not require exceptionality but does require consideration of case- and party-related factors, as well as deterrence. [read post]