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13 May 2024, 4:50 am by Franklin C. McRoberts
” In the case law, there is something of a presumption in favor of intervention: “Whether intervention is sought as a matter of right under CPLR 1012 (a), or as a matter of discretion under CPLR 1013, is of little practical significance since a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings” (Maggi v U.S. [read post]
10 May 2024, 9:30 pm by Karen Tani
H/t Michael Banerjee  The U.S. [read post]
10 May 2024, 5:10 am by Andrew Lavoott Bluestone
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]
9 May 2024, 7:00 am by Public Employment Law Press
 “Obscenity” is one of a few categories of speech that may be regulated by states consistent with the First Amendment (see Penal Law § 235.00).[4]  The U.S. [read post]
9 May 2024, 7:00 am by Public Employment Law Press
 “Obscenity” is one of a few categories of speech that may be regulated by states consistent with the First Amendment (see Penal Law § 235.00).[4]  The U.S. [read post]
6 May 2024, 8:55 am by Lawrence Solum
That decision introduced “antisubordination” into the U.S. [read post]
5 May 2024, 12:05 pm by Ilya Somin
They also cannot be justified on the grounds that they promote "diversity"–the rationale the U.S. [read post]
3 May 2024, 6:30 am by Guest Blogger
  It is the second most popular recreational drug in the U.S. after alcohol, despite being the number-one cause of preventable death. [read post]