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9 Apr 2015, 2:26 pm by Guest Blogger
  What is the point of all of the deliberation and debate (with examples and counterexamples, asserted and denied), and the crafting and drafting and redrafting of constitutional provisions, if those provisions will shortly be interpreted in terms of lofty principles with implications (to be enforced, by judges, against democratic majorities) that the enactors never intended, imagined, or desired? [read post]
20 Oct 2023, 5:18 am
See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501(1998). [read post]
6 Dec 2015, 11:06 am by Dan Ernst
But as McMahon observes, if the high court ruled to enforce Brown v. [read post]
5 Aug 2014, 8:41 am by John Jascob
The case arose from Kurt Fuqua’s being fired by SVOX AG (SVOX) for not signing an intellectual property agreement as a condition of at-will employment.The decision may be remembered more for what it had to say about the Supreme Court’s Lawson opinion and SOX jurisdictional and timing issues than for its result: dismissal (without prejudice) of SOX whistleblower claims and its refusal to stay a related arbitration (Fuqua v. [read post]
11 Jun 2021, 9:30 am by ernst
Throughout, the law, while also in a state of continual change, has played at least a supporting role.Fulsome encomia by the likes of Banner and Hartog after the jump. [read post]
26 Jun 2023, 11:00 pm by Chijioke Okorie
However, the Court suspended the declaration, and gave Parliament 24 months to remedy the defect while reading in a court-crafted immediately effective interim remedy - an accessible format shifting provision, to rectify the constitutional defect in the meantime. [read post]
18 Dec 2012, 8:31 am by Jeffrey W. Berkman, Esq.
If you are forming a corporation with a partner, regardless of whether it is with your best friend that you have known since birth or a new business relationship, executing a well-crafted Shareholders Agreement is essential. [read post]
19 Sep 2014, 5:30 pm by Cindy Cohn and rainey Reitman
The key law relied upon in the case, the Alien Tort Statute, requires, after a 2013 Supreme Court decision called Kiobel v Royal Dutch Petroleum, that plaintiffs show that the matter “touch and concern” the United States in order for the case to proceed here. [read post]
20 Oct 2023, 5:18 am
See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501(1998). [read post]
23 Feb 2016, 4:31 pm by Kevin LaCroix
The author of a majority opinion must craft his or her opinion to satisfy the expectations of all of the other justices in the majority. [read post]
2 Dec 2023, 10:40 am by Amy Howe
ShareThe Supreme Court will hear oral arguments on Monday in one of the highest-profile bankruptcies in recent memory: Harrington v. [read post]
8 Nov 2017, 5:51 am
These approaches can vary from those that would posit state constitutional supremacy the governs all political organs, even if the political organs themselves are responsible for the state constitution’s provisions, to variations on notions of the autonomy of the state constitution to which all other institution creating governance systems are bound. [read post]
15 Oct 2012, 9:17 am by The Charge
  A case titled Escobedo v. [read post]