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10 Jul 2023, 6:00 am by Jay R. McDaniel, Esq.
And of course, the distinction between personal and goodwill continues to be an issue in income tax disputes and is incorporated into many business transactions. [read post]
8 Jul 2023, 6:33 am by Jonathan H. Adler
In this way, the major-ness of the question at issue would be less of a threshold to be crossed than a continuum to be incorporated into the statutory analysis. [read post]
6 Jul 2023, 4:00 am by Administrator
Indeed, the principle has often been incorporated as a formal requirement in these laws, making necessity/proportionality a subset of legality. [read post]
4 Jul 2023, 9:01 pm by renholding
  The NPRM also proposes to incorporate into the HSR filings for all transactions, even those that pose no antitrust issues, many items that today are now commonly requested by the agencies when they have questions, pursuant to post-filing voluntary access letters5 and Second Requests.6  Historically, prior to the current administration, only two to three percent of transactions typically result in a Second Request,7 and many transactions pose no competitive concern and… [read post]
4 Jul 2023, 6:57 am by Randy E. Barnett
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights] [This year, my annual post celebrating the Fourth of July is drawn from a chapter of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, and from a short essay on the same topic, The Declaration of Independence and the American Theory of Government: First Come Rights, and Then Comes Government. [read post]
4 Jul 2023, 3:30 am by Andrea Freeman
Modern associations between fast food and Blackness, symbolized by rappers and food swamps, where unhealthy food is plentiful but nutritious food is scarce, have overshadowed the industry’s racial history. [read post]
3 Jul 2023, 6:21 pm
At the same time, education had become holistic, incorporating not only the learning of texts, speeches, and intra-party rules but also being part of the everyday organizational life within party branches. [read post]
29 Jun 2023, 2:37 pm
The modern apotheosis of this manifestation can be seen today in the trajectories and power of data driven governance, of the triumph of AI and big data management (eg smart houses, cities, enterprises and social organs), and more potently in the field of business, human rights, and sustainability, toward a triumph of the accountability and compliance collective (eg here). [read post]
29 Jun 2023, 9:00 am by Guest Author
*This post is part of a symposium on Modernizing Regulatory Review. [read post]
Whether sold in chemical form or incorporated into other products as component parts, PFAS are products like any other. [read post]
27 Jun 2023, 4:40 am by Karen Tani
" Both land and people were incorporated into territorially bounded grids of administrative law. [read post]
21 Jun 2023, 9:30 pm by Karen Tani
But there is also deeper kinship in how Hale and Guido incorporate economics into their discussion of law. [read post]
21 Jun 2023, 6:38 am by Eric Goldman
While the Court did not disapprove of application of the Rogers test, it also did not approve of use of this speech-protective test (unlike the Congressional members of the House Judiciary Committee: see the “Balancing First Amendment concerns” section of the legislative history for the Trademark Modernization Act of 2020). [read post]
20 Jun 2023, 7:09 pm by Jacob Fishman
These examples illustrate a broader theoretical point: climate and environmental policy analysis and solutions are hamstrung by the limitations inherent in modern Western conceptions of property. [read post]
20 Jun 2023, 1:52 pm by Kevin Purdy
Enlarge / Very few modern smartphones can be considered to have a "readily removable" battery, but the Fairphone 4 is one of them. [read post]
20 Jun 2023, 6:30 am by ernst
This panel considers the role legal education plays in defending democracy by incorporating social justice into law school curricula. [read post]
19 Jun 2023, 9:05 pm by ilyabeylin
  In all of these contexts, private actors incorporating measures of social impact invest in concepts and practices that public actors may later incorporate into law. [read post]
19 Jun 2023, 7:12 pm by Bridget Crawford
  This panel considers the role legal education plays in defending democracy by incorporating social justice into law school curricula. [read post]