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14 Aug 2024, 5:16 pm
We now know enough about state-level judicial selection to see the problem—and it’s a defect in the legal and political science literature that we don’t have a decent account of the political economy of federal judicial selection today (the historical literature, and in particular Jed Shugerman’s book, does offer a political economy account of state-level and, a bit, national-level judicial selection from the founding to roughly the end of the New Deal/Great Society… [read post]
14 Aug 2024, 4:30 pm
It's working just like it does every summer that we've tracked it. [read post]
14 Aug 2024, 4:19 pm
Is it merely hopeful messaging, or does it affect the rights and behaviors of New Yorkers in a meaningful way? [read post]
14 Aug 2024, 4:04 pm
(unfortunately the rule itself does not define "agent") Given that understanding this is the FTC's bullet point (one of many):Insider Reviews and Consumer Testimonials: The final rule prohibits certain reviews and testimonials written by company insiders that fail to clearly and conspicuously disclose the giver’s material connection to the business. [read post]
14 Aug 2024, 3:18 pm
There are viable dog attack cases when a dog does not actually bite another person. [read post]
14 Aug 2024, 2:57 pm
This default plan does not address the underlying addiction problem. [read post]
14 Aug 2024, 2:24 pm
Second, and much more dramatically, the Fifth Circuit rules that because the database of geofence records is so large, and because the whole database must be scanned through to find matches, the Fourth Amendment does not allow courts to issue warrants to collect those records. [read post]
14 Aug 2024, 1:41 pm
" Harassment involves "repeated or continuing unconsented contact," but it "does not include constitutionally protected activity or conduct that serves a legitimate purpose. [read post]
14 Aug 2024, 1:06 pm
Superior Court (Pina), holding that the SCA does not apply to most remotely-stored online messages. [read post]
14 Aug 2024, 1:01 pm
Note that the MPPP program does not actually decrease your costs; it merely gives you a way of paying over time. [read post]
14 Aug 2024, 12:58 pm
This case thus does not fall into the unique context addressed by the Supreme Court in Rhinehart. [read post]
14 Aug 2024, 12:45 pm
The US already does this to a substantial extent under the 1996 Welfare Reform Act, and such exclusion could be broadened, if necessary. [read post]
14 Aug 2024, 12:30 pm
Zackin and Thurston’s research does more to raise than to answer these questions, but they end by affirming the possibility that political movements may yet prove able to transform the American political economy in desirable ways. [read post]
14 Aug 2024, 12:25 pm
In Lindke, the Supreme Court recognized that when government controls the comments components of a social media page, it has the same First Amendment obligations to those who wish to speak in those spaces as it does in offline spaces it controls, such as parks, public auditoriums, or city council meetings. [read post]
14 Aug 2024, 11:49 am
When Does The Discovery Period Occur? [read post]
14 Aug 2024, 11:39 am
Does the property owner or management have a protocol to check guests for deadly weapons prior to entering the establishment? [read post]
14 Aug 2024, 11:00 am
What does the omnipresence of this genre mean for the general public's conception of police, for the practice of policing, and for the communities being policed? [read post]
14 Aug 2024, 11:00 am
What does the omnipresence of this genre mean for the general public's conception of police, for the practice of policing, and for the communities being policed? [read post]
14 Aug 2024, 10:31 am
Few rules in recent history have been found to be substantive, but it does happen, as it did in the Montgomery case. [read post]
14 Aug 2024, 10:20 am
Typically when we see a restaurant owner arrested after a fire it is due to an allegation of arson, but that does not appear to be the case here. [read post]
