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9 Dec 2020, 9:01 pm
The severability issue is triggered by finding a constitutional violation, and when there are multiple ways to redress that violation the court invokes the same method—appeal to Congress’s likely intent—both to select a plaintiff-oriented remedy and to answer the severability question. [read post]
9 Dec 2020, 6:49 pm
Among other provisions, the Open Courts Act would, for the first time, allow the American public to access federal court records for free. [read post]
9 Dec 2020, 10:10 am
Ivey II Distinguished Professor of Law at the University of North Carolina School of Law One tried-and-true way of obtaining personal jurisdiction over a foreign person that otherwise lacks minimum contacts with a particular U.S. state is to require the person to agree ex ante to a forum selection clause. [read post]
9 Dec 2020, 3:00 am
Reuben Clark Law School and a former law clerk to Justice Samuel Alito, to defend it instead. [read post]
8 Dec 2020, 10:01 am
It can hardly be doubted there will be those offended by the speech, or the written materials accompanying the speech, that manifests bias or prejudice who will, quite reasonably, insist that the Disciplinary Board perform its sworn duty and apply Rule 8.4(g) in just the way the clear language of the Rule permits. [read post]
8 Dec 2020, 9:30 am
The public must have confidence that our Government honors and respects their votes. [read post]
8 Dec 2020, 6:30 am
Their ability to translate any policy vision into law on the ground depends also on an exceptionally complex federal bureaucracy and on the cooperation of state and local government. [read post]
8 Dec 2020, 5:01 am
This theory extended immunity only to a state’s public acts and not its commercial ones. [read post]
8 Dec 2020, 4:06 am
Before joining Public Knowledge, Chris worked in the Federal Communications Commission Office of Legislative Affairs, including as its Deputy Director. [read post]
7 Dec 2020, 4:36 pm
In the present public health emergency, the EEOC concluded that COVID-19 presents a significant risk of substantial harm to the health and safety of the workplace and that COVID-19 satisfies the direct threat standard under the ADA.[7] Schools likely may rely on such guidance in order to require vaccination for COVID-19 because of the potential threat that employees pose to the workplace if not vaccinated. [read post]
7 Dec 2020, 10:16 am
.: Third Way and American University's Tech, Law and Security (TLS) Program will host an online briefing on how the Biden-Harris Administration can effectively counter the threat of cybercrime. [read post]
7 Dec 2020, 6:00 am
So, the same way I could stand being excluded at school, I could also be ostracized by the Witnesses. [read post]
7 Dec 2020, 5:46 am
“By making federal court materials freely available, the OCA would eliminate a major barrier to entry faced by the numerous entrepreneurs who dream of improving the way Americans find justice. [read post]
4 Dec 2020, 9:05 pm
Cherry of the University of South Carolina School of Law explains that charities operate under both state and federal regulation. [read post]
4 Dec 2020, 12:30 pm
In response to the increase in COVID-19 cases, Kentucky's governor issues an executive order closing all public and private schools. [read post]
3 Dec 2020, 3:58 am
Federal law (19 U.S.C. 1307) prohibits importing products made using forced labor. [read post]
3 Dec 2020, 3:15 am
Greg Lambert: Well, I’ve got my big gift out of the way for my wife. [read post]
2 Dec 2020, 2:21 pm
Under the law federal courts have developed in the Ninth Circuit and a number of others, Courts look to whether the student’s expression has a sufficient “nexus” to the school, in particular whether it creates a disruption or threat of disruption that has a sufficient negative effect on the school’s operations. [read post]
2 Dec 2020, 3:44 am
As Republicans continue to work to defund and privatize school systems, both Democratic governors and the incoming Biden administration can draw a sharp policy distinction, boldly defending public education in a way that resonates with voters.... [read post]
2 Dec 2020, 2:45 am
As Eugene Soltes of Harvard Business School has argued, our common way of thinking about white collar crime is often wrong. [read post]
