Search for: "Matter of Rules Adoption"
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4 May 2022, 9:01 pm
They assert that “the choice to have such laws—or not to have them—is a matter for the states, subject to constitutional and statutory limitations. [read post]
4 May 2022, 9:01 pm
Just as Orwell’s warnings have come to life in many ways, some literal and some not quite, “The Handmaid’s Tale” is a story that communicates warnings about how power can be abused without necessarily being accurate about the specific types of abuses that might be visited on innocent people.The difference between an allegory and my conception of a pre-documentary, then, is essentially a matter of degree. [read post]
4 May 2022, 2:33 pm
Musk becoming the sole owner of Twitter would be out of step with the ownership structures of other social media platforms or, for that matter, media companies generally. [read post]
4 May 2022, 9:40 am
Any rule the FTC seeks to adopt, the FTC itself must follow; if a defendant can show that the firm complied, the FTC loses its case. [read post]
4 May 2022, 8:55 am
For more on rules, standards, and catalogs, see Legal Theory Lexicon 026: Rules, Standards, Principles, Catalogs, and Discretion. [read post]
3 May 2022, 5:37 pm
” The implications of this ruling are therefore tremendous. [read post]
3 May 2022, 1:39 pm
The appellate court said that, as a threshold matter, the FFP did not involve any “state action,” a necessary element of any dormant Commerce Clause claim. [read post]
3 May 2022, 8:57 am
Hence Alito adopts the most restrictive history as the main backdrop for his opinion. [read post]
3 May 2022, 6:05 am
This carefully lawyered memorandum distinguished between different types of legal obligations regarding the conduct of hostilities: on the one hand, rules binding generally under international law, including rules reflected in the provisions of Additional Protocol I; and on the other hand, rules applicable only to parties to Additional Protocol I as a matter of treaty law. [read post]
3 May 2022, 5:55 am
They are silenced with the purpose, or effect, of stifling scrutiny and debate on matters of public importance. [read post]
2 May 2022, 1:48 pm
It is the competitive process, not the fortunes of particular competitors, that matters. [read post]
2 May 2022, 11:41 am
As we noted earlier this year, some jurisdictions (like Massachusetts) have refused to adopt the stringent “ABC” test in a joint employer analysis and instead adopted the FLSA standard, which focuses on the “totality of the circumstances. [read post]
2 May 2022, 10:46 am
Once adopted, EFF will continue to engage with the European Commission on the implementation of the DMA. [read post]
2 May 2022, 4:30 am
I don't understand him to be saying just that Obergefell is wrong as a matter of constitutional doctrine but rather it is not in the common good to extend marriage to same-sex couples. [read post]
2 May 2022, 1:00 am
In determining whether or not a faculty should issue, the Chancellor adopted the framework in Re St. [read post]
1 May 2022, 6:15 am
Contexts in which Baselines Matter Baselines are important in a variety of contexts. [read post]
1 May 2022, 1:45 am
In LF v SCRL [2022] EUECJ C‑344/20 (Opinion), Advocate General Medina suggests at [60] that “Article 8 of Directive 2000/78 must be interpreted as permitting Member States to adopt … autonomous protection as a means legitimately to determine, first, whether employees concerned by religious clothing obligations should not be placed, as a matter of principle, in a situation where they might need to choose between observing the obligations deriving… [read post]
30 Apr 2022, 4:26 pm
Although the general magistrate attempted to order a compromise, the appellate court ruled this was impermissible, as the plain language of the agreement controlled. [read post]
30 Apr 2022, 11:53 am
Connecticut courts have also read this statute as borrowing into the statute two First Amendment principles developed by the Supreme Court as to government employee speech: (1) Speech is excluded from this protection if it's on a matter of merely "private concern. [read post]
29 Apr 2022, 11:31 am
” The Biological Mother appealed the ruling. [read post]
