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The Flexible “For Cause” Standard for Director and Officer Removal

18 Feb 2024, 5:29 pm by Franklin C. McRoberts

The Battle of the Bagel Shop In a busy shopping center at the northwest corner of Little Neck Road and Horace Harding Expressway in Little Neck, New York, sits Slim’s Bagels & Bialys, Inc. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

Taft Packed the Supreme Court – Twice

16 Feb 2024, 6:30 am by Guest Blogger

See, e.g., Lochner v. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize

7 Feb 2024, 2:35 pm by Marty Lederman

C. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize

7 Feb 2024, 2:02 pm by Marty Lederman

C. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Part Six: The Two “Off-Ramp” Arguments Based Upon In re Griffin’s Case that Would Allow the Supreme Court to Avoid Deciding Whether Trump is Eligible to be President

6 Feb 2024, 3:36 pm by Marty Lederman

If you’re interested, good places to start are Part II-C of the Baude/Paulsen article, and Part I-E of Kim Roosevelt’s amicus brief. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”

3 Feb 2024, 9:52 am by Marty Lederman

And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]

Balkinization - http://balkin.blogspot.com/

SEC Commissioner Dissents from Denial of Petition to Change No-Admit, No-Deny Policy

30 Jan 2024, 9:02 pm by renholding

In October 2018, the New Civil Liberties Alliance (NCLA) asked us to revise Rule 202.5(c) to read as follows: The Commission has adopted the policy that in any civil lawsuit brought by it or in any administrative proceeding of an accusatory nature pending before it, a defendant or respondent may consent to a judgment or order in which he admits, denies, or states that he neither admits nor denies the allegations in the complaint or order for proceedings.[7] I agree with the… [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

27 Jan 2024, 7:54 pm by Josh Blackman

See John Randolph Tucker, General Amnesty, 126 N. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Case Summaries: N.C. Court of Appeals (Jan. 16, 2024)

18 Jan 2024, 7:48 am by Alex Phipps

State v. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

How Board Diversity Compares in Private and Public Firms

13 Dec 2023, 9:05 pm by renholding

While we have documented that boards are less diverse at private firms than public ones, pinning down why is hard. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

GUI Guidelines: The Old Rules are New Again

21 Nov 2023, 8:27 am by Dennis Crouch

” Id. at 11382 (citing 26 U.S.P.Q. 2d 1259, 1262 n.2 (Bd. [read post]

Patently-O - https://patentlyo.com

Guest Post: Some Preliminary Thoughts on the Recent European Commission Anti-Subsidy Investigation on Imports of New Electric Vehicles Originating in China

18 Nov 2023, 10:05 am by Simon Lester

Some preliminary data on imports of EVs into EU The import statistics between 2020-2023[v] do show a certain increasing trend of imports of new EVs from China into EU. [read post]

International Economic Law and Policy Blog - http://worldtradelaw.typepad.com/ielpblog/

Guest Post: Some Preliminary Thoughts on the Recent European Commission Anti-Subsidy Investigation on Imports of New Electric Vehicles Originating in China

18 Nov 2023, 10:05 am by Simon Lester

Some preliminary data on imports of EVs into EU The import statistics between 2020-2023[v] do show a certain increasing trend of imports of new EVs from China into EU. [read post]

International Economic Law and Policy Blog - https://ielp.worldtradelaw.net/

Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

8 Nov 2023, 1:26 pm by Rebecca Tushnet

Trademark: In Jack Daniel’s v. [read post]

43(B)log - http://tushnet.blogspot.com/

"Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" Text and Brief Reflections

31 Oct 2023, 6:26 am

(c) The responsible development and use of AI require a commitment to supporting American workers. [read post]

Law at the End of the Day - https://lcbackerblog.blogspot.com/

Private sector accommodation in discharge of duty – meeting the tests at the right time

22 Oct 2023, 9:24 am by Giles Peaker

Ayinla v London Borough of Newham. [read post]