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IN A DIFFERENT VOICEJustice O'Neill's recent announcement that she will not seek re-election in 2010 adds something of a parting-shot quality to her vigorous dissent to the Court's disrespect for precedent and for trial courts' traditional discretion in deciding whether or not to grant a new trial in the interest of justice. [read post]
25 Jun 2018, 5:39 pm by John Elwood
John Elwood provides his best guess about October Term 2017’s last relists. [read post]
16 May 2011, 8:08 pm by The Legal Blog
The use of polygraph examinations in the criminal justice system has been contentious. [read post]
2 Feb 2010, 11:25 am by Editor
Those who took the time and made the effort to nominate their personal recommendations for Blawg Review of the Year 2009 know how daunting a task it is to single out a half dozen outstanding presentations of Blawg Review in 2009. [read post]
2 Feb 2010, 11:25 am by Editor
Those who took the time and made the effort to nominate their personal recommendations for Blawg Review of the Year 2009 know how daunting a task it is to single out a half dozen outstanding presentations of Blawg Review in 2009. [read post]
3 Sep 2014, 4:14 am by Kevin LaCroix
The Delaware Supreme Court stirred up quite a bit of controversy earlier this year in the ATP Tours, Inc. v. [read post]
5 Mar 2013, 1:51 pm by Cynthia Marcotte Stamer
While most employer and union health plan sponsors, fiduciaries and administrators are bracing to cope with “pay or play” and other mandates of the Patient Protection and Affordable Care Act (ACA) in 2014, most report frustration with the continuing lack of clarity and uncertainty about rules and costs. [read post]
13 Jan 2016, 5:05 pm by Kevin LaCroix
John Reed Stark David Fontaine In this day and age, the members of the boards of directors of most companies understand that cybersecurity issues are both important and should be a board-level priority. [read post]
21 Aug 2013, 6:52 pm by Cynthia Marcotte Stamer
Employer and union group health plan sponsors and insurers of group and individual health plans (Health Plans) agonizing over 2014 plan design decisions are running out of time. [read post]
18 Jul 2022, 2:46 pm by Kevin LaCroix
Regular readers of this blog know my view that the  rise of collective investor actions outside the United States is one of the most important developments in the world of directors’ and officers’ liability in recent years. [read post]
8 Jul 2023, 4:33 pm by Barry Barnett
 The year of Paradox’s debut, 1978, arrived “during a peak era of antitrust enforcement”.[6] But by 2004, Professor Bork’s panegyric to maximizing “consumer welfare” had led the United States Supreme Court to pronounce “charging monopoly prices” not only not a crime but an “important element of the free-market system”.[7]Indeed, Bork’s valorization of a narrowly economic measure of consumer… [read post]
20 Jan 2012, 6:34 am by admin
We are pleased to provide this global competition update, with a focus on Asia Pacific, from our friends at Rajah Tann in Singapore. ____________________ Happy New Year! [read post]
18 Oct 2023, 1:52 pm by Sasha Volokh
Ideally, one can design an optimal system of deterrent taxes, where the amount of the tax is precisely equal to the amount of the social harm from the activity; this would optimally deter the harmful activity by making bad actors internalize its social cost. [read post]
20 Jun 2023, 11:41 am by Greg Lambert and Marlene Gebauer
When asked what metric in-house and outside counsel should focus on, Kristina recommends using available data, whether from the survey or a company’s own systems. [read post]