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2 Sep 2015, 12:44 pm by Greg Mersol
Not content with just those factors, the court looked to California law and found still others, such as (i) the alleged employee’s opportunity for profit or loss depending on his or her managerial skill; (j) the alleged employee’s investment in equipment or materials required for his or her task, or his or her employment of helpers; (k) whether the service rendered requires a special skill; (l) the degree of permanence of the working relationship; and… [read post]
6 Sep 2018, 8:03 am by Joy Waltemath
” As such, certain EO provisions dramatically curtail the scope of bargaining because agencies and unions would no longer negotiate over a host of significant issues, said the court, finding the orders remove these matters from the scope of the right to bargain despite the fact that Congress has made them negotiable; the removed topics are important to the functioning of labor organizations and the fairness of collective bargaining negotiations; and provisions of the EOs impede the… [read post]
4 Oct 2023, 7:41 am by Norman L. Eisen
Department of Justice (June 16, 2023) Government motion for a protective order limiting the disclosure of discovery information (June 16, 2023) Garcia Hearings Paperless order granting in part Government motion for Garcia hearings regarding Nauta, De Oliveira and counsel (Sept. 25, 2025) Government reply in support of Garcia hearing regarding De Oliveira and counsel (Sept. 6, 2023) De Oliveira opposition to government motion for a Garcia hearing (Aug. 30, 2023) Government response to Nauta motion to… [read post]
14 Jan 2009, 3:54 am
Mankoswski: "Ist eine vertragliche Absicherung von Gerichtsstandsvereinbarungen möglich? [read post]
30 Dec 2015, 1:18 pm by Peter S. Lubin and Vincent L. DiTommaso
More generally, Judge Sykes’ concurring opinion seemed more dubious of such an injunction’s propriety, citing for example, the possibility that even if a statement is false or uttered with the relevant mens rea when made, it may become true later or, at least, the defendant’s mens rea (or the relevant standard of care!) [read post]
18 Aug 2007, 6:50 am
The Supremacy Clause and the Dormant Commerce Clause are both structural matters. [read post]
5 Feb 2008, 1:16 am
  I'm not ready yet to offer a definitive answer, but I'll introduce one way of thinking about the problem. [read post]
4 Oct 2011, 3:28 pm by Steve Bainbridge
Whether the lawyers should have gone public with their concerns, blowing the whistle on their client, remains a matter of debate. [read post]
12 Sep 2007, 6:57 pm
" Since April, the Dean and the Board's Executive Committee have begun the process of revoking the tenure of a founding member of the law school's faculty. [read post]
13 Apr 2007, 11:48 am
It clarifies certain procedural matters and interpretation of various commonly used yet misunderstood terms. [read post]