Search for: "Adoption of Barnett"
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9 May 2024, 7:00 am
In considering whether to grant such applications, the Commissioner has historically applied the standard adopted by the Court of Appeals, which requires satisfaction of at least one of the following criteria: (1) that the parties are not capable of a full and adequate presentation and that the interested non-party could remedy this deficiency; (2) that the interested non-party could identify law or arguments that might otherwise escape consideration; or (3) that the… [read post]
9 May 2024, 7:00 am
In considering whether to grant such applications, the Commissioner has historically applied the standard adopted by the Court of Appeals, which requires satisfaction of at least one of the following criteria: (1) that the parties are not capable of a full and adequate presentation and that the interested non-party could remedy this deficiency; (2) that the interested non-party could identify law or arguments that might otherwise escape consideration; or (3) that the… [read post]
13 Jul 2011, 8:58 am
” Barnett also noted that “[t]here seems to be consensus that we should prohibit unilateral conduct only where it is demonstrated through rigorous economic analysis to harm competition and thereby harm consumer welfare. [read post]
23 Jun 2019, 10:57 am
Barnett v Schiro, No. 18-0278 (Tex. [read post]
19 Sep 2010, 5:41 pm
Nate Burney writes at The Criminal Lawyer: There’s been growing pressure for police departments to videotape interrogations, and the practice has been adopted here and there. [read post]
2 Apr 2025, 5:54 am
To address that dilemma, as Barnett explains, “host entities will tend to implement hybrid structures that reflect a mix of open-access elements (to promote platform adoption) and closed-access elements (to recover costs). [read post]
23 Oct 2018, 6:00 am
To accept the latter notion is to adopt a significant more “monarchical” view of presidential authority than is entailed by the former, in which Congress retains a possibly decisive role in determining who exercises at least some facets of executive power. [read post]
13 Jan 2023, 6:30 am
” Randy Barnett and Gary Lawson were among the first to adopt uncompromisingly originalist positions. [read post]
11 May 2023, 2:32 am
Law § 233-aa (the “Statute”) does so by requiring museums to display this provenance history through a physical notice accompanying the exhibition of the artwork.[4] However, the law presents several challenges in defining what artworks it covers, what behaviors museums must adopt to identify artworks in compliance with the Statute, and whether it may unconstitutionally conflict with museums’ First Amendment rights. [read post]
6 Jun 2018, 8:36 am
Barnette, a case involving a religious objection to a flag salute, the majority restated that “no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. [read post]
4 Feb 2023, 3:57 pm
I recognize and adopt no narrow basis for my thoughts, feelings, or modes of action. [read post]
8 May 2017, 11:25 pm
But for too long scholars have ceded the intellectual history of originalism to originalists (Gienapp/Barnett is key here). [read post]
5 Sep 2018, 9:30 pm
The Chevron case involved a challenge to a Clean Air Act regulation adopted by EPA. [read post]
5 May 2020, 6:42 am
Elzas, Barnett A. [read post]
10 Aug 2011, 6:33 am
Department of Homeland Security) Technology and Tactics Adobe Acrobat Search Defect - http://tinyurl.com/3om4y9m (Michael Arkfeld) Amazon’s New(ish) Social Network — Now Lifting Even More Info From Facebook, Twitter - http://tinyurl.com/454ddrj (TIm Carmody) Apple OS X Vulnerability: Advanced Persistent Attacks - http://tinyurl.com/4xdhosv (Mathew Schwartz) At a Hacker Conference, Plenty of Friendly Feds - http://tinyurl.com/4xx5owk (Somini Sengupta) Backing Up Documents in the Cloud… [read post]
16 Sep 2012, 5:14 pm
Most standards-setting organizations require participants whose patents read on an adopted industry standard to promise to license their patents on terms that are “reasonable and nondiscriminatory” (“RAND”). [read post]
9 Jan 2023, 5:33 pm
Since the Supreme Court is moving away from relying on Chevron and finding ambiguity, the Court should either overrule Chevron or at least formally adopt Justice Kavanaugh’s test in a majority opinion, thus providing clear guidance to the circuit courts. [read post]
11 Jan 2024, 5:09 am
” Emma Barnett, Garett Haake, and Brian Schwartz report for NBC News. [read post]
27 Sep 2014, 11:28 am
CUS Nashville Employee Terminated for Facebook Message Fails to State Public Policy Claim — Barnett v. [read post]
11 Jan 2024, 5:09 am
” Emma Barnett, Garett Haake, and Brian Schwartz report for NBC News. [read post]
