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20 Sep 2015, 4:48 pm
(Pix © Larry Catá Backer)This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. [read post]
20 May 2024, 8:40 am
Limited constitutional protections could have been established in this period and entrenched to some degree against subsequent political rollback. [read post]
5 Dec 2016, 1:50 pm
For example, “inability” can be demonstrated where “a State has lost or abandoned effective control over the portion of its territory where the armed group is operating. [read post]
13 Aug 2021, 5:01 am
These are crucial proposals that Congress should pass to help protect U.S. economic and national security. [read post]
14 Oct 2016, 2:02 pm
The proposed rule would amend 28 CFR § 44 — which was codified to enforce § 102 of the Immigration and Control Act of 1986 (IRCA) — in order to incorporate the statutory text as amended by § 421 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). [read post]
18 Sep 2021, 11:59 am
To manage algorithmic governance one must first manage the people who tend to or control such systems. [read post]
Manage Retaliation Risks In Response To Updated EEOC Enforcement Guidance, Rising Retaliation Claims
31 Aug 2016, 2:02 am
The Guidance clearly states that the EEOC views participating in any capacity in a complaint process or other protected equal employment opportunity as protected activity which is protected from retaliation under all circumstances. [read post]
23 May 2012, 12:14 pm
The main constitutional argument is that, while Citizens United involved a First Amendment issue over a law enacted at the federal level, the new case is about states’ power and whether the Fourteenth Amendment restricts their controls on campaign finance as much as the First Amendment does for federal law. [read post]
29 Jul 2024, 10:00 am
FSIS is also proposing to revise the regulations that require that all poultry slaughter establishments develop, implement, and maintain written procedures to prevent contamination by enteric pathogens throughout the entire slaughter and dressing operation to clarify that these procedures must include a microbial monitoring program (MMP) that incorporates statistical process control (SPC) monitoring methods, to require sampling at rehang instead of pre-chill, and to require… [read post]
3 May 2020, 6:30 am
What most sharply divided these different varieties of Constitutions was what Leonard and Cornell call “legalism”—or the extent to which the Constitution ought to be conceived as a legal instrument that incorporated standing legal principles and entrusted the judiciary with final interpretive authority over its meaning. [read post]
27 Jan 2023, 9:49 am
In Data Protection Commissioner v. [read post]
24 Feb 2020, 9:59 am
Centers for Disease Control and Prevention. [read post]
15 Jan 2015, 9:57 am
Haslam 14-562Issue: (1) Whether a state violates the Due Process or Equal Protection Clauses of the Fourteenth Amendment to the U.S. [read post]
10 May 2021, 8:55 am
The court considered these arguments but unequivocally rejected them, saying, Furthermore, as to the argument that we should read § 109(a) to accommodate digital resales because the first sale doctrine protects a fundamental entitlement, without regard to the terms of § 109(a) (and incorporated definitions), we think such a ruling would exceed the proper exercise of the court’s authority. [read post]
15 Nov 2018, 8:20 am
The Indian Self-Determination and Education Assistance Act of 1975 provided for tribes to gain greater control over BIA funded schools. [read post]
12 Dec 2006, 9:17 pm
Subsequent revisions incorporated efficiencies analysis. [read post]
12 Nov 2008, 4:10 pm
One of the main factor investors evaluate when deciding to invest in a foreign country is its position toward the protection of property rights. [read post]
28 Jan 2014, 3:36 pm
Can a corporation engage in the “free exercise” of religion protected by the First Amendment? [read post]
2 May 2024, 7:35 am
Skinner Delta Fish Protective Facility. [read post]
19 Jul 2016, 5:54 pm
Lastly, and this is a statement that is all-too-often relevant for those seeking patents, the fact that your patent lawyers have to parse the dates associated with your company’s sale-related activities means that you by definition not incorporating IP strategy into your corporate functions. [read post]