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31 Aug 2018, 3:39 pm by Barbara van Schewick
According to case law, an agency that does not have the power to regulate does not have the power to preempt. [read post]
30 Aug 2018, 9:01 pm by Jim Sedor
Georgia: Georgia County Rejects Plan to Close 7 Polling Places in Majority-Black AreaNew York Times – Richard Fausset | Published: 8/23/2018 Election officials in a majority black Georgia county voted to scrap a widely condemned proposal to eliminate most of their polling places in the runup to the November election. [read post]
30 Aug 2018, 4:44 pm by Kevin LaCroix
Hoskins that a foreign national who does not otherwise fall within the specific categories of defendants enumerated in the Foreign Corrupt Practices Act (“FCPA”) cannot be held liable for violating the FCPA under accomplice liability theories.[1]  Stating that the FCPA does not “purport[] to rule the world,” the Second Circuit held that the Department of Justice (“DOJ”) cannot skirt the FCPA’s “carefully-drawn limitations”… [read post]
28 Aug 2018, 1:02 pm by John Wright
Richard Clifton argued that the Second Amendment does not prevent firearm licensing rules such as the one used in Hawaii. [read post]
27 Aug 2018, 6:31 am by Thaddeus Hoffmeister
William Delker of New Hampshire determined that convicted felon, Richard Moore, did nothing wrong by writing to the jury forewoman to find out why he was found guilty. [read post]
27 Aug 2018, 4:00 am by Howard Friedman
Janik, How Many Divisions Does the European Court of Human Rights Have? [read post]
23 Aug 2018, 9:01 pm by Jim Sedor
A year later, much of the money from Richard Uihlein and Robert Mercer is gone. [read post]
23 Aug 2018, 6:22 am by Mark Graber
  If you are simply interested in what is going on in South America or Australia, want to know the impact of climate change on constitutional democracy, or wish to learn about both right-wing and left-wing populist movements, you can find an essay to your liking that does not presume three advanced degrees.We were moved to produce this volume because constitutional democracies and constitutional democracy appear in trouble throughout the world. [read post]
22 Aug 2018, 3:26 pm by Kevin LaCroix
On August 7, 2018, in a detailed decision in the securities class action relating to the 2017 Tezos ICO, Northern District of California Judge Richard Seeborg ruled on a number of these threshold issues. [read post]
22 Aug 2018, 12:00 pm by Kaufman Dolowich Voluck
Virtually all owner/general contractor contracts have provisions that state that the owner may terminate the contract for cause when, for example, the contractor fails to perform its work in a good and workmanlike manner or does not provide the necessary manpower to complete its work by the substantial completion date. [read post]
21 Aug 2018, 1:39 pm by Eugene Volokh
The lyrics also contain a reference to Richard Poplawski, who several years earlier had strapped himself with weapons and murdered three Pittsburgh police officers. [read post]
20 Aug 2018, 11:27 am by John Floyd
Sabhnani – affirming denial of post-verdict interview because a “potentially out-of-context, single word comment does not demonstrate that the jurors prematurely deliberated and does not demonstrate that the juror would be unreceptive to opposing arguments or that any juror failed to participate in deliberations in good faith. [read post]
19 Aug 2018, 4:29 pm by INFORRM
Nor does the fact that private information has landed up in the hands of the media per se affect the nature of the information as private or remove the reasonable expectation of privacy. [read post]
18 Aug 2018, 10:38 am by Mikhaila R. Fogel
On the military detention front, Jeffrey Kahn asked if a government can refuse if a citizen captured as an enemy combatant abroad asks for a passport, in light of Doe v. [read post]