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29 Jun 2023, 3:33 pm by John Elwood
§ 1182(h)(1)(B); and (2) whether the Board’s statutory interpretation regarding hardship eligibility falls within the exercise of its inherent discretionary authority, or is a nondiscretionary action that precedes its ability to exercise discretion. [read post]
23 Jun 2023, 9:58 am by Eugene Volokh
But the trial court here took judicial notice of the truth of disputed factual matters. [read post]
22 Jun 2023, 3:54 pm by Eugene Volokh
DeSantis, decided today by the Florida Supreme Court in an opinion written by Justice Canady (for more on the case, see this post): On August 4, 2022, Governor Ron DeSantis issued Executive Order 22-176 suspending Petitioner Andrew H. [read post]
22 Jun 2023, 9:28 am by Michael C. Dorf
" Although I've referred to § 2255 as containing rules governing habeas petitions, that's not precisely right as a matter of terminology. [read post]
22 Jun 2023, 6:27 am by Robin E. Kobayashi
Harbor Freight Tools, Lexis Psychiatric Injury—Good Faith Personnel Actions—WCAB, granting reconsideration, rescinded WCJ’s finding that applicant’s claim for psychiatric injury was not barred by Labor Code § 3208.3(h) good faith personnel action defense, and returned matter to WCJ to revisit issue, when WCAB found that WCJ utilized overly restrictive standard in determining whether events causing applicant’s psychiatric injury were good faith… [read post]
19 Jun 2023, 4:52 am by centerforartlaw
It demonstrated that whether to classify digital assets as securities, commodities, or a separate asset class entirely does not matter to wire fraud charges.[19] In the eyes of law enforcement, NFTs are no exception to the general rule that “you can’t solicit funds for a business opportunity, abandon that business, and abscond with money investors provided you. [read post]
14 Jun 2023, 5:52 am
" Turning to the Restatement (Second) of Agency, the Board looked at:[T]he following matters of fact, among others, are considered: (a) the extent of control which, by the agreement, the master may exercise over the details of the work; (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a… [read post]