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Florida Restrictions on Gender-Affirming Care Are Unconstitutional
13 Jun 2024, 7:05 pm by Howard Friedman
In Doe v. [read post]
Religion Clause - http://religionclause.blogspot.com/
Scrub-a-Dub-Dub: FTC is Cleansing the Orange Book of Device Patents
13 Jun 2024, 6:40 pm by Kurt R. Karst
By Sara W. [read post]
FDA Law Blog - https://www.thefdalawblog.com/
Supreme Court rejects “Trump too small” trademark
13 Jun 2024, 3:35 pm by Ronald Mann
” Sotomayor pointed to the confusion lower courts have had applying the similar analysis Thomas offered in New York State Rifle & Pistol Association v. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Josh Blackman] The Standing Analysis in FDA v. Alliance for Hippocratic Medicine
13 Jun 2024, 11:15 am by Josh Blackman
S. 464, 473, 485–486 (1982); United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Where there is a conflict in the testimony offered in the course of a disciplinary hearing and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice
13 Jun 2024, 6:00 am by Public Employment Law Press
"[W]here there is a conflict in the testimony and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice" (Matter of Fields v New York State Off. of Children & Family Servs., 198 AD3d 454, 455 [1st Dept 2021]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where there is a conflict in the testimony offered in the course of a disciplinary hearing and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice
13 Jun 2024, 6:00 am by Public Employment Law Press
"[W]here there is a conflict in the testimony and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice" (Matter of Fields v New York State Off. of Children & Family Servs., 198 AD3d 454, 455 [1st Dept 2021]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Student with intellectual disability challenges officer’s decision to tase him at school
11 Jun 2024, 3:20 pm by Kalvis Golde
W. v. [read post]
SCOTUSblog - http://www.scotusblog.com/
"#1 Brand" claim was literally false because of apples-to-oranges comparison
10 Jun 2024, 9:39 am by Rebecca Tushnet
Zesty Paws LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Hodgson Russ LLP, Albany (Charles W. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Hodgson Russ LLP, Albany (Charles W. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
What Might Be a Ethics Violation is Not Always Deceit
10 Jun 2024, 3:45 am by Andrew Lavoott Bluestone
Plaintiffs also argue that they stated a claim under Judiciary Law § 487 (2), which provides that recovery may be had when an attorney “[w]ilfully delays [the] client’s suit with a view to his [or her] own gain; or wilfully receives any money or allowance for or on account of any money which he [or she] has not laid out, or becomes answerable for. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Does the Moelis Decision Warrant a Quick Legislative Fix?
9 Jun 2024, 9:05 pm by renholding
The Council’s Response The Council of the Corporation Law Section of the Delaware State Bar Association acted quickly in response to Moelis. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Legal Theory Lexicon: The Bad Man Thought Experiment
9 Jun 2024, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
With E. coli Outbreaks in the U.K. and Virginia, what do you need to know?
8 Jun 2024, 5:20 pm by Bill Marler
 E. coli O157:H7 is one of thousands of serotypes Escherichia coli.[1] The combination of letters and numbers in the name of the E. coli O157:H7 refers to the specific antigens (proteins which provoke an antibody response) found on the body and tail or flagellum[2] respectively and distinguish it from other types of E. coli.[3] Most serotypes of E. coli are harmless and live as normal flora in the intestines of healthy humans and… [read post]
Marler Blog - http://www.marlerblog.com/
[Eugene Volokh] Fifth Circuit Blocks Order Requiring Defendants' Lawyers "to Attend 'Religious-Liberty Training' as a Sanction"
7 Jun 2024, 12:02 pm by Eugene Volokh
From today's decision in Carter v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Seventh Circuit: Please Don’t Use the “Twilight Zone” Font in Briefs Ever Again
7 Jun 2024, 11:49 am by Kevin
AsymaDesign v. [read post]
Lowering the Bar - http://www.loweringthebar.net/
On the FTC’s Authority to Promulgate Trade Regulation Rules, by Lev Menand and Tim Wu
6 Jun 2024, 1:40 pm by Guest Author
” Nat’l Petroleum Ref’rs Ass’n v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
United States v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
United States v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Josh Blackman] Travel Ban, Redux
4 Jun 2024, 9:26 pm by Josh Blackman
S., at 187 (finding it "perfectly clear" that the President could "establish a naval blockade" to prevent illegal migrants from entering theUnited States); see also Abourezk v. [read post]
The Volokh Conspiracy - http://www.volokh.com/