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25 Aug 2023, 5:58 pm
; (3) Conflict Transactions under a Microscope: When does (and should) MFW apply? [read post]
16 Aug 2023, 11:57 am by Eugene Volokh
" These categories are: (1) cases in which disclosure of the would-be Doe's identity would "cause him unusually severe harm"; (2) "cases in which identifying the would-be Doe would harm 'innocent non-parties'"; (3) "cases in which anonymity is necessary to forestall a chilling effect on future litigants who may be similarly situated"; and (4) "suits that are bound up with a prior proceeding made… [read post]
16 Aug 2023, 10:52 am by Kevin LaCroix
In May of 2022, the Fifth Circuit Court of Appeals, in a 2-to-1 panel opinion, determined that the SEC’s current discretionary authority to bring civil fraud claims before its in-house administrative law judges in civil-enforcement proceedings is unconstitutional in three separate ways. [read post]
16 Aug 2023, 7:00 am by Brian Finucane
Third, pursuant to subsection 4(a)(3) the president must also report a substantial enlargement of such combat equipped forces in a country where such forces are already present. [read post]
14 Aug 2023, 6:03 am by Eugene Volokh
We hold that the judicial-proceedings privilege applies to Cruz's Chapter 98B claim because (1) his claim is a tort seeking damages for reputational harm, (2) applying the privilege furthers the policy behind the privilege, and (3) the Supreme Court has applied the related attorney-immunity defense to a statutory claim within a statutory framework that, like Chapter 98B, does not expressly, or by necessary implication, abrogate the privilege. [read post]
12 Aug 2023, 1:47 pm
Links to the discussion of the book:Part 1: Preface Part 2: Chapter 1 (Minds, Moons and Cognition)Part 3: Chapter 2 (Fluidity and Flow)Part 4: Chapter 3 (Post-Dialectics)Part 5: Chapter 4  (Flow and Firstness) 6. [read post]
10 Aug 2023, 8:47 am
Links to the discussion of the book:Part 1: Preface Part 2: Chapter 1 (Minds, Moons and Cognition)Part 3: Chapter 2 (Fluidity and Flow)Part 4: Chapter 3 (Post-Dialectics) 5. [read post]
8 Aug 2023, 1:39 pm by Kevin
He appeared to be trying to make it to Nebraska, a plan with at least two weak points: (1) it would require about a 400-yard swim at that point, and (2) you’d end up either dead or in Nebraska. [read post]
3 Aug 2023, 5:51 am by Tom Joscelyn
He had to ward off a similar entreaty from “Co-Conspirator 2” (John Eastman) a few weeks later. [read post]
2 Aug 2023, 6:57 pm
Links to the discussion of the book:Part 1: Preface Part 2: Chapter 1 (Minds, Moons and Cognition)Part 3: Chapter 2 (Fluidity and Flow)Part 4: Chapter 3    4. [read post]
30 Jul 2023, 6:00 am by Lawrence Solum
Kant and contractualism), (2) consequentialist moral theory (e.g. utilitarianism and welfarism), and (3) aretaic moral theories (e.g. virtue ethics). [read post]