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12 Aug 2022, 5:30 am by Gus Hurwitz
Such rules could arise from the Commission’s authority to protect against unfair methods of competition, so they may be proposed directly without first being subject of an advance notice of proposed rulemaking. [read post]
12 Aug 2022, 5:01 am by Loren DeJonge Schulman
The Pendleton Act (1883) and the later Civil Service Reform Act (1978) decreed that federal jobs would be awarded on the basis of merit and competition and banned firing civil servants for anything other than proven misconduct and poor performance. [read post]
11 Aug 2022, 9:05 pm by Steven L. Schwarcz
The merits of permitting bankruptcy-remote structuring should be assessed by a cost-benefit analysis (“CBA”). [read post]
11 Aug 2022, 4:29 pm by Seyfarth Shaw
  First, the Court held that the Plaintiffs established the commonality requirement because the hiring examinations constitute an employment policy that causes racial discrimination not justified by any business necessity. [read post]
11 Aug 2022, 12:05 pm by Michael
After a trial on the merits the trial court adjudicated F to be Lucy’s father and H appealed. [read post]
11 Aug 2022, 4:05 am by Howard Friedman
The majority held that there is no case law "clearly establishing" that defendants' actions violated the First Amendment. [read post]
10 Aug 2022, 5:49 am by John Jascob
First, the FTC Act and Exchange Act (the Acts) set out schemes for judicial review of the agencies' orders, the brief says. [read post]
10 Aug 2022, 2:50 am by Jon Katz
The post Fairfax trial judge reversed for not granting defendant Miranda relief appeared first on Jon Katz, P.C.. [read post]
9 Aug 2022, 3:13 pm
Applying this approach, the district court concluded that the balance of hardships tipped sharply in hiQ’s favor and that hiQ raised serious questions on the merits. [read post]
9 Aug 2022, 12:29 pm by Eugene Volokh
The post Recusal and a Spouse's Long-Past Employment (Including as a Lawyer) appeared first on Reason.com. [read post]
9 Aug 2022, 9:19 am by David Kopel
In the merits briefing, five Democratic U.S. senators—Sheldon Whitehouse (R.I.), Mazie Hirono (Haw.), Richard Blumenthal (Conn.), Richard Durbin (Ill.), and Kirsten Gillibrand (N.Y.) [read post]
9 Aug 2022, 6:03 am by Eugene Volokh
See also Griswold (explaining "Justice White concurred in [Pico's] judgment without announcing any position on the substantive First Amendment claim"); Muir v. [read post]
8 Aug 2022, 9:05 pm by Dan Flynn
“That mission will guide us as this important first step launches a broader initiative to reduce Salmonella illnesses associated with poultry in the U.S. [read post]
8 Aug 2022, 3:04 am by Lawrence Solum
And, though the SG still wields significant influence over which patent cases the Court hears on the merits, that, too, may be changing: at the conclusion of its most recent Term, the Supreme Court—for the first time ever—rejected the SG’s suggestion to grant certiorari in a patent case. [read post]
8 Aug 2022, 2:26 am
Claim preclusion requires (1) an identify of parties (or their privies), (2) an earlier final judgment of a claim on the merits, and (3) a second claim based on the same set of transactional facts as the first. [read post]
7 Aug 2022, 11:25 am by Stuart Kaplow
The purpose of this post is not to question the relative merit of such a regulatory scheme, especially given that the commercial and residential economic sectors combined are only 13% of total U.S. [read post]
7 Aug 2022, 7:01 am by Samantha Bradshaw, Shelby Grossman
First, on Election Day an article circulated that implied that delays in the Michigan vote count were evidence of systemic voter fraud. [read post]