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18 Feb 2019, 10:05 am by David E. Bernstein
So under modern antidiscrimination principles, if a state argued that it was banning Israel-related boycotts to protect Jews from anti-Semitism a court would have a hard time gainsaying the notion that this is also a "compelling interest. [read post]
15 Feb 2019, 5:04 am by David E. Bernstein
You need to get a piece of legislation through each house of Congress (each of which has various internal rules that make it hard to do so) and then get the president to agree. [read post]
7 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
At the very least, it is hard to see how FASORP can demonstrate standing on its own behalf or on behalf of its members without more information about itself and its members than it has currently provided.Description of FASORP’s Relevant Member GroupsThe current version of FASORP’s complaint does not identify any individual member by name. [read post]
6 Feb 2019, 12:50 pm by Matthew Scott Johnson
Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Daniel E. [read post]
4 Feb 2019, 10:56 pm by Greg Lambert and Marlene Gebauer
” This week, we get the perspective of four vendors: Christina Rosas – Reorg Shmuli Goldberg – Lawgeex Matt Kroll and Anthony Moeller  – PwC David Kamien – Mind Alliance It is a fairly easy question, but one company that had a hard time answering? [read post]
15 Jan 2019, 8:19 am by Dennis Kennedy
If you forced me to pick a top 10 for 2018 (or ten recommendations for books you might read), I’d probably list: Autonomous, Annalee Newitz The Hard Thing About Hard Things, Ben Horowitz Build an A Team, Whitney Johnson Portfolio Life, David Corbett The E-Myth Revisited, Michael Gerber For All the Tea in China, Sarah Rose Gridiron Genius, Mike Lombardi Creative Strategy, William Duggan Building a Story Brand, Donald Miller The Dan Sullivan Question, Dan… [read post]
30 Dec 2018, 3:03 am by Ben
The 4th Circuit took a long hard look at how and why Cox would be protected by US "safe harbor" provisions and the Court ruled against Cox on a key point: The DMCA provides a degree of protection to ISPS and other platforms that respond expeditiously to takedown requests. [read post]
28 Dec 2018, 2:22 pm by Schachtman
Over 25 years ago, the United States Supreme Court answered a narrow legal question about whether the so-called Frye rule was incorporated into Rule 702 of the Federal Rules of Evidence. [read post]
25 Dec 2018, 9:30 pm by Series of Essays
The Regulatory Review is pleased to highlight our top regulatory essays of 2018 authored by a select number of our many contributors. [read post]
18 Dec 2018, 6:21 pm by Eugene Volokh
[h]e commits any unlawful act in retaliation for anything done by another in his [or her] capacity as witness or informant.... [read post]
12 Dec 2018, 2:59 pm by David E. Bernstein
Given the context of the Muller investigation, it's hard to see this entirely as a response to concern about potential targeting of the judiciary. [read post]
4 Dec 2018, 10:22 am by Matthew Scott Johnson
Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Kathryn E. [read post]
26 Nov 2018, 9:00 pm by Joanna L. Grossman and Deborah L. Brake
Monroe County Board of Education (1999), that the same standard would determine institutional liability for peer harassment.While the rulings in Gebser and Davis were in some sense victories for the victims of harassment, the Court established a standard for liability that is in fact very hard to meet. [read post]
17 Nov 2018, 4:58 am by David E. Bernstein
" The ACLU had a clear choice between the identitarian politics of the feminist hard left, and retaining some semblance of its traditional commitment to fair process. [read post]
17 Nov 2018, 4:58 am by David E. Bernstein
" The ACLU had a clear choice between the identitarian politics of the feminist hard left, and retaining some semblance of its traditional commitment to fair process. [read post]
29 Oct 2018, 10:49 am by Anushka Limaye
Evan Osnos will moderate, Evan Medeiros and Thomas Wright will argue in the affirmative, and David M. [read post]
8 Oct 2018, 8:25 am by Anushka Limaye
The Lawfare team is small, hard working and opinionated. [read post]
4 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
Earlier this week, California Governor Jerry Brown signed into law SB 826, a landmark measure that requires each publicly held corporation whose principal executive offices are located in California to have, by the end of 2019, at least one woman on its board of directors. [read post]
1 Oct 2018, 11:01 am by Anushka Limaye
The Lawfare team is small, hard working and opinionated. [read post]
23 Sep 2018, 4:03 pm by Schachtman
Cranor, and David Gee, “The Use and Misuse of Bradford Hill in U.S. [read post]