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27 Jul 2022, 10:33 am by Guest Blogger
Putting aside the constraints provided by the duty to avoid intrinsic evils, this is correct, but it is also itself a major point or feature of the classical tradition: subject to those and other constraints the book outlines, the theory does not even purport to specify the particular institutional rules of any given polity, but leaves those to determination within that polity - first at the level of constitutional law (written and unwritten), and then at successively more specific levels of… [read post]
However, he reiterated his confidence in Justice Robert Jackson’s Youngstown framework as a means of understanding the relationship between the respective constitutional authorities of Congress and the executive branch. [read post]
15 Jun 2016, 12:32 pm
As part of those applications, the FBI recited that these records included `[a]ll subscriber information, toll records and call detail records including listed and unlisted numbers dialed or otherwise transmitted to and from [the] target telephones from December 1, 2010 to present[,]’ as well as `cell site information for the target telephones at call origination and at call termination for incoming and outgoing calls[.] [read post]
14 Jul 2024, 6:30 am by Guest Blogger
For the Balkinization Symposium on Solangel Maldonado, The Architecture of Desire: How the Law Shapes Interracial Intimacy and Perpetuates Inequality (New York University Press, 2024).Rachel F. [read post]
20 Sep 2024, 2:40 am by Sherica Celine
Focuses on California laws, also discusses issues applicable to most jurisdictions. [read post]
20 Mar 2009, 9:00 am
Bank of America Technology & Operations, Inc (IP Law Blog)   US General – Lawsuits and strategic steps Clear Channel Communications – Clear Channel, Live Nation cut from business model antitrust suit (Law360)   US Patent Reform Patent Reform Act 2009 – Interlocutory claim construction appeals create a whole new patent backlog (Promote the Progress) Patent Reform Act 2009: more on damages (Patently-O) Patent Reform Act 2009: Rooklidge says… [read post]
17 Jul 2018, 11:41 am by HRWatchdog
 SB 1300 (Jackson; D-Santa Barbara) significantly increases litigation by allowing a plaintiff to sue for failure to prevent harassment or discrimination when no harassment or discrimination occurs, limits the use of severance agreements and prohibits the use of a general release or nondisparagement clause in employer/employee contracts. [read post]
11 Aug 2023, 7:00 am by Alan Neff
The three Justices appointed by Democratic presidents (Jackson, Kagan, and Sotomayor) unexceptionally joined Roberts’ opinion for the Court, while Justice Kavanaugh joined most, but not all, of it. [read post]
17 Jul 2018, 11:41 am by HRWatchdog
 SB 1300 (Jackson; D-Santa Barbara) significantly increases litigation by allowing a plaintiff to sue for failure to prevent harassment or discrimination when no harassment or discrimination occurs, limits the use of severance agreements and prohibits the use of a general release or nondisparagement clause in employer/employee contracts. [read post]
4 Jun 2020, 7:30 am by Kristian Soltes
-based trade group (Jackson also authors the monthly Payments 3.0 column for Digital Transactions). [read post]
26 Jun 2015, 1:08 pm by John Elwood
United States, 14-8740, involved application of plain error to factfinding in criminal sentencing. [read post]
1 Dec 2023, 7:23 am by Amy Howe
But author Evan Thomas, in his 2019 biography of O’Connor, reported that in March 1952, after Rehnquist had left Stanford for a clerkship at the Supreme Court with Justice Robert Jackson, Rehnquist proposed to Sandra in a letter from Washington. [read post]
4 Mar 2010, 3:17 pm by admin
The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42, U.S.C. 9606 and 9607, or other applicable law, for liability for response actions and/or claims for natural resource damages arising from the disposal of hazardous substances, pollutants, or contaminants in the Repository that is to be constructed on the Property. [read post]
20 Oct 2010, 2:07 pm by Mitch Jackson
(a) Every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division... except those provisions which by their very nature can have no application.) [read post]
7 Jul 2023, 1:03 pm by Ryan Goodman
Jackson Distinguished University Professor, University of Rochester), Brendan Nyhan (James O. [read post]
9 Sep 2015, 6:10 am
After Vincent John Zahorik was convicted of “making a false report to a police officer or law enforcement agency,” he appealed. [read post]