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23 Jun 2020, 8:56 am by Josh Blackman
I think the crass answer is that Chief Justice Roberts would have found something, anything, to nitpick. [read post]
18 Jun 2020, 5:12 pm by Jack Goldsmith, Marty Lederman
At that point, according to the government, National Security Adviser Robert O’Brien reviewed the manuscript and “concluded that it still appeared to contain classified information. [read post]
18 Jun 2020, 4:00 am by Edith Roberts
In an op-ed at Bloomberg, Cass Sunstein points out that “[i]f the text of Title VII condemns discrimination on the basis of sexual orientation, it might well be taken to condemn affirmative action as well. [read post]
9 Jun 2020, 9:49 am by Eugene Volokh
[A federal court in Connecticut struck down a policy that effectively stopped gun purchases; a week ago, a federal court in California upheld such a policy.] [1.] [read post]
7 Jun 2020, 1:17 am by Schachtman
Requirements Imposed By State Licensing Boards and Medical Professional Societies The involvement of medical professionals in disciplining physicians for dubious litigation testimony, whether through state licensing authorities or voluntary medical associations, raises some difficult questions: Does a physician’s rendering an opinion on a medical issue in litigation, such as diagnosing silicosis, asbestosis, welding-induced encephalopathy, or fenfluramine-related cardiac injury, constitute the… [read post]
29 May 2020, 3:00 am by Jim Sedor
A three-judge panel on the District of Columbia Circuit Court of Appeals upheld a federal judge’s decision not to grant a request by the American Association of Political Consultants for a preliminary injunction. [read post]
26 May 2020, 6:22 am by Schachtman
The Genetic Literacy Project (GLP) asks: “Who is David and who is Goliath in the lobbying battle over agricultural biotechnology? [read post]
21 May 2020, 4:07 am by Edith Roberts
Yesterday the Supreme Court granted the Justice Department’s request to block temporarily a lower court order requiring disclosure to the House Judiciary Committee of grand jury material from Robert Mueller’s investigation into Russian interference in the 2016 election. [read post]
12 May 2020, 5:00 am by Erica D. Borghard
In fiscal 2016, Congress granted limited acquisition authorities to U.S. [read post]
6 May 2020, 12:12 pm by Peter Margulies
" However, in Hawaii, Roberts suggested that "past applications" of "executive practice" may illuminate § 1182(f)'s contours. [read post]
6 May 2020, 5:00 am by Christine Kwon
” As Robert Chesney has noted in Lawfare, shelter-in-place orders do not raise “a ‘discrimination’ scenario. [read post]
4 May 2020, 11:24 am by John Lewis
Robert Half Int’l, Inc., 761 F. 3d 326, 335 (3d Cir. 2014), the panel found that parties could authorize an arbitrator to decide both issues. [read post]