Search for: "Matter of O N W & H"
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24 Dec 2022, 8:10 am
In Matter of Karen P. v. [read post]
4 Oct 2022, 6:20 pm
As a matter of first impression for our Circuit, we hold that the legislative invocation at issue constitutes government speech. [read post]
30 Sep 2022, 5:28 pm
Fifth, "[I]n many contexts, the scope and application of the state constitutional right of privacy is broader and more protective of privacy than the federal constitutional right of privacy as interpreted by the federal courts. [read post]
27 Sep 2022, 11:51 pm
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
7 Sep 2022, 5:23 am
[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. [read post]
31 Aug 2022, 7:46 am
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
21 Aug 2022, 5:06 am
” The rule applied “even where the program matter is furnished without charge or at a nominal charge as an inducement to the broadcast of the program. [read post]
9 Aug 2022, 6:03 am
-W. v. [read post]
6 Jul 2022, 7:02 am
[w]ho are we to say whether government action has an ‘objective’ impact on religious observance or merely ‘diminishes [a worshipper’s] subjective spiritual fulfillment’”? [read post]
22 Jun 2022, 4:25 am
Dhingra, 371 F.3d 557, 559 n.3 (9th Cir. 2004)). [read post]
21 Jun 2022, 10:25 pm
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
17 Jun 2022, 2:09 pm
” The authors begin their analysis of specific causation with a brief acknowledgement that our legal system could abandon any effort to set standards or require rigorous thinking on the matter by simply leaving the matter to the jury.[9] After all, this laissez-faire approach had been the rule of law for centuries. [read post]
13 May 2022, 5:52 am
(Dinstein 2013 section on “What Is Clearly Not [Direct Participation in Hostilities];” A.P.V.Rogers, Law on the Battlefield (3d ed. 2012); William H. [read post]
20 Apr 2022, 3:14 am
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
6 Mar 2022, 9:01 pm
[And] [n]otable state judicial review under state constitutions in fact predated the Philadelphia Convention, Federalist No. 78, and Marbury v. [read post]
16 Feb 2022, 12:22 am
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
21 Nov 2021, 9:00 pm
”[20] OSHA in the 1991 Standard relied on its reasoning from the 1978 Occupational Exposure to Lead Final Standard (the “1978 Standard”) where it rejected biological testing of workers as a means of monitoring employer compliance with occupational lead exposure limits.[21] In the 1978 Standard, OSHA concluded that “[a]ttempting to compel workers to subject themselves to detailed medical examinations presents the possibility of clashes with legitimate privacy and religious… [read post]
18 Nov 2021, 1:03 pm
O'Neill, 1987 WL 859818, at *1 (R.I. [read post]
17 Nov 2021, 9:01 pm
In a moment of deep pessimism, my Verdict colleague Michael Dorf commented on the Democrats’ losses in the recent Virginia off-year elections by tweeting: “My ‘optimistic’ take on the election results: If current trends continue, Republicans will win back Congress in ’22 & prez in ’24 w/o needing to lie about and override the vote. [read post]
5 Oct 2021, 2:24 pm
" It established the following requirements to plead such a constitutional claim: "[T]o state a direct constitutional claim grounded in this unique right under the North Carolina Constitution, a public employee must show that no other state law remedy is available and plead facts establishing three elements: (1) a clear, established rule or policy existed regarding the employment promotional process that furthered a legitimate governmental interest; (2) the employer violated that… [read post]
