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6 Jun 2023, 11:23 am by Steve Bainbridge
”); id. at *13 n.16 (“[T]he Supreme Court’s subsequent decisions have called into question Borak’s dicta that a shareholder has a right to bring a derivative § 14(a) action”). [5] See Alexander v. [read post]
14 Nov 2011, 9:19 am by jpfaff
The standard they adopt appears to be grounded in psychology: citing Withrow v Larkin, they state that a conflict of interest requires recusal if "under a realistic appraisal of psychological tendencies and human weakness, the interest poses such a risk of acutal bias or prejudgment that the practice must be forbidden if the guaranteeof due process is to be adequately implemented. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]
24 Jul 2017, 4:14 am by Edith Roberts
” At the National Conference of State Legislatures blog, Lisa Soronen discusses “the notorious ‘cake case,’” Masterpiece Cakeshop v. [read post]