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22 Apr 2024, 3:14 pm
The unanimous opinion, authored by Justice Amy Coney Barrett, found “[n]othing in constitutional text, history or precedent supports exempting legislatures from ordinary takings rules. [read post]
22 Apr 2024, 5:00 am
The Court derived the test’s first prong from “the bedrock requirement that ‘the conduct allegedly causing the deprivation of a federal right be fairly attributable to the State,’” asserting that “[a]n act is not attributable to a State unless it is traceable to the State’s power or authority. [read post]
20 Apr 2024, 9:14 am
Columbia Sportswear N. [read post]
19 Apr 2024, 9:27 am
The Court rejected several of Coinbase’s arguments about the application of Howey, noting that Howey does not recognize a distinction between tokens purchased directly from an issuer and those purchased on the secondary market. [read post]
18 Apr 2024, 9:01 pm
And it is incumbent on each of us to make sure it does not come to pass and that investors are not harmed by noncompliance with the securities laws when it comes to this new technology. [read post]
15 Apr 2024, 6:00 pm
["This isn’t about forum shopping. [read post]
13 Apr 2024, 3:33 pm
Prelude to Litigation Phenylpropanolamine (PPA) was a widely used direct α-adrenergic agonist used as a medication to control cold symptoms and to suppress appetite for weight loss.[1] In 1972, an over-the-counter (OTC) Advisory Review Panel considered the safety and efficacy of PPA-containing nasal decongestant medications, leading, in 1976, to a recommendation that the agency label these medications as “generally recognized as safe and effective. [read post]
11 Apr 2024, 9:01 pm
Right now, Nebraska (along with Maine) does not allocate presidential electors in a winner-take-all fashion. [read post]
9 Apr 2024, 2:41 pm
The fact that Uber’s business model does not require regularly scheduled work hours from its workforce does not translate into an automatic independent contractor relationship. [read post]
9 Apr 2024, 10:32 am
A fotografia perdia sua estabilidade como objeto, e historiadores como o britânico John Tagg sustentavam que “Não existe isto de a fotografia como tal, uma mídia comum. [read post]
9 Apr 2024, 5:23 am
LEXIS 225492, *2 n.2 (D. [read post]
7 Apr 2024, 9:05 pm
However, following self-interest does not automatically yield socially positive results when not channeled into productive work and investments that predictably redound to collective well-being. [read post]
5 Apr 2024, 5:31 pm
John Deere Co., 494 U.S. 516, 527–29 (1990). [read post]
3 Apr 2024, 4:08 pm
… It certainly does not ensure that the work has been fully vetted in terms of the data analysis and the proper application of research methods. [read post]
2 Apr 2024, 12:56 pm
Although we must prepare for confronting dodgy methods in front of jury, asking for scientific due process that intervenes and decides the methodological issues with well-reasoned, written opinions in advance of trial does not seem like too much. [read post]
29 Mar 2024, 7:28 pm
That does not suggest laissez faire in the style of Milton Friedman--it does suggest that public policy creates guard rails and expectations but does not drive micro-decision making. [read post]
27 Mar 2024, 3:39 pm
Yet, it does not justify an interpretation of the Constitution that tolerates let alone sustains corporate infringement of individual rights and encroachment on governmental powers. [read post]
27 Mar 2024, 12:41 pm
Supp. 3d 1334, 1363 n. 20 (2017); Legier & Materne v. [read post]
25 Mar 2024, 9:18 am
National Security Council spokesman John Kirby said abstaining from the vote does not mean the U.S. changed its policy. [read post]
21 Mar 2024, 2:29 pm
Why is the n nine, you might ask (or three sets of three, or not really an n)? [read post]