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28 Aug 2018, 11:26 am by Matthew Waxman
Had the matter been resolved quickly, it is unlikely that the incident would ever have taken on such international legal influence. [read post]
27 Sep 2019, 8:30 am by Stephanie Leutert
The choice of clothing is strategic, designed to avoid detection; no crosser wants to be wearing white or another bright color if a Border Patrol agent suddenly appears—and long sleeves serve as a protection against the thorns and branches that scratch any exposed skin. [read post]
25 Jan 2021, 10:51 am by Guest Blogger
As a political-judicial matter, he might well be right. [read post]
29 Jan 2013, 10:32 am by Sara Hutchins Jodka
Thus, the judges made a bright-line decision in holding that the Senate only recesses, for purposes of the President's recess appointment power, at the end of the year.Part Two: The president may only use the recess appointment power to fill "vacancies" that occur during the recess, not those that just happen to exist during the recess. [read post]
8 Jan 2017, 7:00 am by Joshua Rovner
As a matter of self-preservation, presidents and their advisors may prefer to keep intelligence at arm’s length. [read post]
24 Jun 2014, 1:00 pm by Jeff Hermes
By September 2013, the OMLN had placed its 500th client matter with a network attorney. [read post]
5 Apr 2013, 8:07 am by Eric Alexander
 It communicates the agency's position on a matter, but it does not commit FDA to taking enforcement action. [read post]
7 Dec 2014, 3:29 pm
Bright and early this Monday morning comes the 23rd weekly Never Too Late round-up of the previous week's Katpost features. [read post]
3 Apr 2018, 1:02 am by Orin Kerr
It's a particular thickness of buffer on top of the constitutional conduct rule, but it's not of a thickness that is reducible to a bright line. [read post]
16 Sep 2013, 7:38 am by Florian Mueller
No matter how Samsung and Google/Motorola may like Commissioner Wright's permissive extremism, this particular speech is implicitly and explicitly based on premises that apply to the situation in the U.S. and not the one in Europe. [read post]
20 Jul 2022, 10:43 am by Rebecca Tushnet
” In a footnote, the court noted defendants’ argument that the overlapping text was selected for SEO reasons, not expression-based reasons, but the court declined to resolve whether that mattered to protectability, “because the plaintiffs have sufficiently pleaded infringement of other elements. [read post]
16 Jan 2017, 3:27 pm by Chuck Cosson
“Tool Without a Handle:  Trustworthy Tools” “’What is truth? [read post]
24 Jun 2015, 6:13 am
 While Oklahoma's recognition of the principles of incorporation are abundant, a bright-line standard has yet to be formulated. [read post]
9 Mar 2018, 5:13 am by Robert Chesney
” But note that the court did not articulate a bright-line rule outright forbidding any implied detention authority. [read post]
2 Jun 2017, 11:59 am by Helen Klein Murillo, Benjamin Wittes
” Accordingly, its functions and powers “extend beyond limited investigations of discrete matters, and include broader analytic and planning functions,” with authority “derive[d] from various administrative and statutory sources. [read post]
31 Jul 2011, 9:28 pm
Declaratory Judgment On appeal, the The Court of Errors, as always, is careful to avoid bright-line rules that would preclude exercising bias in cases it subjectively deemed odious. [read post]
4 Feb 2021, 4:04 am by Greg Lambert
So over the next 18 months, the outside law firms have to have at least 30% of the time billed for the matters to be done by minority lawyers. [read post]
27 Apr 2009, 4:49 am
In essence, the Circuit Court did not set forth a bright-line rule as to whether treble damages must always, or never, be considered in determining the reasonableness of a class action settlement of an antitrust case, concluding that in this case “the negotiated amount is fair and reasonable no matter how you slice it” because of the discrepancy between the valuations provided by plaintiff and defense experts and because “the settlement amount… [read post]
10 Jun 2016, 8:28 am by Rory Little
  Meanwhile, the Court noted that there will be line-drawing problems no matter what rule is adopted, and it listed a number of questions raised by a more categorical still-in-the-courtroom line for permitting recall. [read post]