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26 May 2023, 11:37 am by Rebecca M. Guidry
Board of Com’rs of Orleans Levee Dist., 294 F.3d 684, 690 n. 4 (5th Cir. 2002) [read post]
24 May 2023, 6:37 am by Paula Junghans
We note below where further information would be helpful before reaching any firm conclusion on a matter. [read post]
23 May 2023, 6:07 am by Jacob Wirz
Ultimately, why do these performative moments matter for trade regulation? [read post]
18 May 2023, 10:41 am by Neil H. Buchanan
[I]n the end, Congress and the president have to reach an agreement. [read post]
18 May 2023, 4:00 am by Brooke MacKenzie
To determine whether the lawyer received confidential information “relevant to the matter at hand” from the former client, courts will consider whether the new matter is “sufficiently related” to the matters on which the lawyer worked for the former client. [read post]
16 May 2023, 1:41 pm by Michael Lowe
(B) The drug or other substance has a currently accepted medical use in treatment in the United States. [read post]
12 May 2023, 11:45 am by Ben Sperry
Farber put it in 1991: [B]ecause information is a public good, it is likely to be undervalued by both the market and the political system. [read post]
10 May 2023, 6:02 am by Michael C. Dorf
DorfAt his impromptu press conference after meeting with congressional leaders yesterday, President Biden said that he's "thinking about" Section 4 of the 14th Amendment as a Plan B in the event that no legislation raises or suspends the debt ceiling in the next few weeks, adding that he had come to that view because of the view recently expressed by Prof Laurence Tribe, who has long advised him on constitutional matters. [read post]
9 May 2023, 1:20 pm by Patricia Hughes
Justice Benotto, in dissent at the Court of Appeal, described the spending amendments, relevant here, as follows: [I]n advance of a fixed-date general election, each third party, whether big or small, may spend a total of $700,000 (now indexed to $819,700) on election-related advertising caught by the definition of “political advertising”, plus an unlimited amount on communications that are not caught by the definition. [read post]
9 May 2023, 1:52 am by David Pocklington
 These include provisions on matters such as “fixed” and “moveable” altars, their dedication and blessing (and their loss), and the inclusion of relics. [read post]
8 May 2023, 4:01 am by Peter Mahler
The relatively small number of reported § 1118 cases in which courts have departed from the 9% statutory rate include Giaimo v Vitale (4%), Matter of Whalen (4%), Matter of Bambu Sales, Inc. (5.75%), and Matter of Fleischer (12%) — none of which explained how the court arrived at the chosen rate. [read post]
7 May 2023, 6:00 am by Lawrence Solum
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism. [read post]