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27 Feb 2018, 9:06 pm by Adam Levitin
 I haven't followed the case closely enough to know why that argument isn't at issue also, but it certainly seems like a viable one. [read post]
28 Apr 2011, 2:23 pm
Don’t get me wrong, I’m all for reducing our reliance on oil and helping ease climate change, but it just didn’t seem feasible. [read post]
11 Dec 2010, 7:00 am by Christopher G. Hill
Related Musings:Mandatory Arbitration Isn’t All Bad, if. . .Arbitration is Waivable (Even If You Don’t Mean To)Be Careful with Arbitration Clauses in Construction ContractsHave the Feds Taken Over Arbitration? [read post]
20 Aug 2015, 11:17 am
The other day, I introduced my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
4 Dec 2013, 2:11 pm by Eugene Volokh
I won’t ask whether RFRA calls for the exemption; that is a story for tomorrow. 1. [read post]
2 May 2016, 8:54 pm by Rebecca Tushnet
  W/r/t knowledge, the courts have basically gotten it right. [read post]
27 Jan 2010, 7:12 am by Bob Eisenbach
Last month, I reported on a decision from Delaware Bankruptcy Judge Mary Walrath in the In re Washington Mutual, Inc. case ("WaMu") holding that informal creditor groups must disclose details of their trades under Federal Rule of Bankruptcy Procedure 2019. [read post]
17 Jul 2019, 5:00 am by Mitu Gulati
Altice USA Inc. (2019), where this issue came up, see here) More generally, I wonder how many more old clauses are out there that neither party has focused on that pose the risk of knocking out some new clause that the parties actually bargained for. [read post]
20 Aug 2015, 12:23 pm by Ron Coleman
 Justice Holmes explained more than a century ago that “[i]t would be a dangerous undertaking for persons trained only to the law to constitute themselves the final judges of the worth of pictorial illustrations. [read post]
26 Jul 2011, 12:17 pm by Mark Murakami
  Hold on, don't close the post, I'm posting because it arose out of the grounding of the M/V Cape Flattery, near Barbers Point, Oahu. [read post]
4 May 2012, 10:47 am by Eugene Volokh
This, I think, misdescribes Pico, in which a majority of the Court actually didn’t rule on the subject. [read post]