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Zurko of the application (deferential for factual determinations) of the standard-of-review provisions in the Administrative Procedures Act. [read post]

Patent Docs - http://www.patentdocs.org/

[Eugene Volokh] Fifth Circuit's Holds That People Who Use Marijuana Don't Lose Second Amendment Rights (At Least When Sober)

9 Aug 2023, 2:54 pm by Eugene Volokh

We do not invalidate the statute in all its applications, but, importantly, only as applied to Daniels. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Nursing Home Resident’s Well Spouse Entitled to Bigger MMMNA

9 Aug 2023, 8:56 am by karplawfirm

Smith each month. [read post]

Florida Elder Law and Estate Planning Blog - https://karplaw.com/blog/

Anatomy of a Fraud: Kenneth Chesebro’s Misrepresentation of My Scholarship in His Efforts to Overturn the 2020 Presidential Election

8 Aug 2023, 2:01 pm by Laurence H. Tribe

Others have amply explained how the 1960 Hawaii case has no conceivable application to the events of the 2020 false electors scheme. [read post]

Just Security - https://www.justsecurity.org/

No religious discrimination when state eliminates religious exception to vaccine requirements

7 Aug 2023, 7:44 am by Second Circuit Civil Rights Blog

So long as that law was generally applicable to everyone, there was no religious freedom lawsuit. [read post]

Wait A Second! - http://secondcircuitcivilrights.blogspot.com/

2nd Circuit Upholds Connecticut's Repeal of Religious Exemptions from Vaccination Requirements

7 Aug 2023, 4:10 am by Howard Friedman

But because the Act's medical exemptions further the State's interest in a way a religious exemption would not, permitting plaintiffs to proceed to discovery would require more of the State than what the Supreme Court has prescribed.Judge Bianco dissented in part, saying in part:Notwithstanding these many fact-intensive questions regarding whether this law satisfies the general applicability requirement under Smith, the majority opinion closes the courthouse doors to… [read post]

Religion Clause - http://religionclause.blogspot.com/

Delay, Delay, Delay -- It Would Be Good for Trump to Get What He Wants

4 Aug 2023, 11:47 am by Neil H. Buchanan

Nothing Jack Smith could do changes the fact that Trump was very quickly re-embraced by the Republican leadership in Congress and elsewhere. [read post]

Dorf on Law - http://www.dorfonlaw.org/

[Eugene Volokh] College Ban on "Inappropriate or Offense Language or Themes" in Bulletin Board Postings Struck Down

3 Aug 2023, 3:11 pm by Eugene Volokh

Bennett, decided today by Ninth Circuit Judges Kim McLane Wardlaw and Milan Smith, and District Judge Douglas L. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Case Summaries: N.C. Court of Appeals (August 1, 2023)

3 Aug 2023, 8:04 am by Alex Phipps

These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

An encounter with Jan M. Broekman, "Knowledge in Change: The Semiotics of Cognition and Conversation" (Springer Nature, 2023): Part 3 -- Chapter 2 "Fluidity and Flow

2 Aug 2023, 6:57 pm

To my great delight, I was asked to review Jan Broekman's brilliant new work, Knowledge in Change: The Semiotics of Cognition and Conversation (Springer Nature, 2023). [read post]

Law at the End of the Day - https://lcbackerblog.blogspot.com/

Potential impacts on corporate DEI programs after the Supreme Court’s affirmative action decision

2 Aug 2023, 2:51 pm by Mark S. Goldstein and Eduardo Vargas

While the Court allowed schools to consider race in application essays, private employers might be tempted to ask applicants about their experiences overcoming obstacles. [read post]

Employment Law Watch - http://www.employmentlawwatch.com/

Overactive bladder patent upheld on a-PEE-al

2 Aug 2023, 2:14 am by Kate O’Sullivan (Bristows)

The Court of Appeal dismissed the appeal, with Lord Justice Arnold giving the leading judgment and Lord Justice Stuart-Smith and Lady Justice Falk in agreement. [read post]

Kluwer Patent Blog - http://patentblog.kluweriplaw.com/

Employers Beware: The Potential Employment-Related Impacts of 303 Creative LLC v. Elenis

31 Jul 2023, 2:15 pm by Tanner B. Camp

Smith’s request for an injunction. [read post]

Labor & Employment Law Perspectives - https://www.foley.com/en/insights/blogs/labor-employment-law-perspectives

UMD Smith School adds January start for MSIS degree

31 Jul 2023, 1:32 pm by Daily Record Staff

Application deadlines for the added January start date in the 30-credit program are Sept. [read post]

On the Record - http://thedailyrecord.com/ontherecord/

An Overlooked January 6 Charge: The “Stop the Count” Scheme

30 Jul 2023, 11:24 am by Ryan Goodman

And equally important, the Supreme Court has a long history of upholding, over and over again, the statute’s application to such conduct. [read post]

Just Security - https://www.justsecurity.org/

Giving Up Visitation Rights In Exchange For Child Support In Illinois

30 Jul 2023, 11:09 am by Russell Knight

“The court may deviate from the child support guidelines if the application would be inequitable, unjust, or inappropriate. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/