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9 Feb 2024, 1:43 pm by Thomas James
H&M Hennes & Mauritz, 595 U.S. 178 (2022). [read post]
9 Feb 2024, 11:37 am by Josh Blackman
" Jackson continued, "But the word 'president or vice president' does not … appear specifically in that list. [read post]
9 Feb 2024, 6:20 am by Ronald V. Miller, Jr.
However, the court rejected this argument, stating that the statute in question, § 19-509(h)(1), explicitly refers to policies different in kind from primary policies. [read post]
9 Feb 2024, 6:06 am by Jonathan H. Adler
While Mann prevailed at trial, the proceedings also unearthed some slimy conduct on his part, including his disparagement of scientists with whom he disagrees and behind-the-scenes efforts to suppress articles by scientists he does not like. [read post]
9 Feb 2024, 5:25 am by Jonathan H. Adler
UBS Securities, the Court held that under the whistleblower protection provisions of the Sarbanes-Oxley Act, a whistleblower challenging an employer's adverse employment action must prove that his protected whistleblowing activity was a contributing factor in the employer's unfavorable personnel action, but does not have to prove that the employer acted with "retaliatory intent. [read post]
8 Feb 2024, 7:53 am by Alex Phipps
The court concluded that “[h]ere, there was no evidence presented at trial from which the jury could have rationally found that Defendant committed the lesser offense[s] . . . because the State’s evidence is positive as to the element of serious bodily injury and there is no conflicting evidence. [read post]
8 Feb 2024, 7:47 am by Cynthia Marcotte Stamer
The federal H-2B visa program permits U.S. employers to temporarily hire nonimmigrants to perform nonagricultural labor or services. [read post]
7 Feb 2024, 10:05 am by Jonathan H. Adler
Trump, concluding that Donald Trump does not have absolute immunity from prosecution for his actions seeking to overturn the 2020 presidential election results. [read post]
6 Feb 2024, 3:58 pm by Cynthia Marcotte Stamer
”  ** Does not include monetary benefits obtained through litigation. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
”  Before addressing the substance of the argument itself, it’s important to distinguish it from another, more draconian “non-self-execution” argument that no party is making but that has been prominent in some public discussions of the case—namely, that Section 3 does not apply to disqualify anyone from any office absent congressional legislation. [read post]
  The CNIL clarifies that an exporter should carry out a TIA for transfers to jurisdictions with a partial adequacy decision that does not cover the data transferred, or only covers some of the data transferred. [read post]
6 Feb 2024, 6:30 am by Guest Blogger
And it does so, at the same time, in a forceful and challenging way, which serves the author to clearly differentiate her views from many of the unfertile dichotomies that prevail in contemporary doctrine. [read post]
6 Feb 2024, 5:22 am by Eliav Lieblich
Second, the United States is not party to API, and the DoD Manual does not explicitly embrace the Fundamental Guarantees regime as binding. [read post]
5 Feb 2024, 6:02 am by Michael Freestone
” Building on the above point it is worth remembering that the traditional filing route does still exist and may be preferable for part of Q2 of FY2025 as the system works out any issues. [read post]
4 Feb 2024, 10:00 pm
” The court additionally noted that, under F.R.C.P. 4(h)(1)(A), a corporation may be served “in the manner prescribed by Rule 4(e)(1) for serving an individual. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
  Under that standard, the First Amendment does not preclude punishment for incitement if it is established that the speech in question was “directed to inciting or producing imminent lawless action” and was “likely to incite or produce such action. [read post]
4 Feb 2024, 10:22 am by Jonathan H. Adler
But close scrutiny of the record reflects that the President of the Senate does not count, and has never counted, votes. [read post]