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26 Sep 2020, 12:51 pm by Ilya Somin
Taking the allegations of the complaint as true and assuming at this stage that the House is correct on the merits of its legal position, the House is individually and distinctly injured because the Executive Branch has allegedly cut the House out of its constitutionally indispensable legislative role. [read post]
25 Sep 2020, 12:41 pm by Zalkind Duncan & Bernstein LLP
However, the opinion continued, the Board may disclose any evidence regarding the criminal conduct which the Board obtained separately and distinctly from the sealed record (such as the underlying police report, which Doe had provided before the case was sealed, and his statements in an interview with the Board). [read post]
24 Sep 2020, 10:19 am by Sandy Levinson
  Reflect on the quasi-governmental function of the debates, for better and, distinctly, for worse, and the power assumed by the Commission for Presidential Debates in organizing them and appointing moderators, this year Chris Wallace, Steve Scully, and Kristin Welker. [read post]
16 Sep 2020, 7:50 am by Stewart Baker
The Belfer Center has produced a distinctly idiosyncratic report ranking the world’s cyber powers – a kind of Jane’s Fighting Nerds report. [read post]
16 Sep 2020, 6:30 am by Sandy Levinson
  Is a “republican” society organized around the quest for a common good that will be sought by suitably socialized citizens destined to become a distinctly more “liberal” order that accepts the priority of individual interests and the psychology associated with self-seeking (ultimately defined so memorably by Oliver Wendell Holmes in terms of his completely egoistic “bad man” concerned only with maximizing individual utilities)? [read post]
15 Sep 2020, 3:41 am by Stewart Baker
[Episode 328 of the Cyberlaw Podcast] The Belfer Center has produced a distinctly idiosyncratic report ranking the world's cyber powers – though they should have called it Jane's Fighting Nerds. [read post]
14 Sep 2020, 2:25 pm
Ironically this is a great lesson earned well by the Chinese in their construction of the Belt and Road Initiative and the putting forward of a similar model but with distinctly different values. [read post]
28 Aug 2020, 4:41 pm by Eugene Volokh
" Perhaps recognizing that this Court is not free to disregard controlling precedent even if it were so inclined (which in this case it distinctly is not), plaintiff offers what she calls an alternative argument: that "the actual malice rule arose from distinguishable facts and should not be applied" here. [read post]
24 Aug 2020, 1:40 pm by James W. Ward
If an employer has distinctly different and separate operations with separate IIPPs, then the employer can limit IIPP access to applicable employees. [read post]
11 Aug 2020, 5:02 am by Eugene Volokh
His words on the subject are so distinctly on point that they deserve quoting at length: "In my experience, corporate parties in complex litigation generally prefer to litigate in secret. [read post]
10 Aug 2020, 5:30 am by Derek T. Muller
(It also distinctly highlights the privilege of faculty positions, where months away from campus and much consultation are conditions for return, instead of, day, grocery store employees or delivery drivers, who essentially showed up to work throughout the pandemic without such luxuries.) [read post]
8 Aug 2020, 11:42 am by Alex Woolgar
The relevant question is whether England and Wales is clearly or distinctly the most appropriate forum for the dispute, considering the totality of the dispute between the parties. [read post]
5 Aug 2020, 6:30 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-BruskyTaking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. [read post]
3 Aug 2020, 4:25 pm by INFORRM
As the Master remarked, the overall sum of £45,000 “reflects both the seriousness of the defamations and the distinctly limited (in comparison with the other cases) readership while providing a “headline” figure which should make clear the vindication of the good name of the claimant to bystanders who read the summaries (or this judgment) as well as compensating him for damage to his reputation and taking account his distress, hurt and humiliation. [read post]
29 Jul 2020, 1:36 pm
" The police tactics are a matter of serious concern, but separate from my original question about the source of the violence and disorder from the crowd.The protest on June 1st was distinctly different from anything that had come before. [read post]
23 Jul 2020, 5:14 am by Hayleigh Bosher
QA summarised the test in Spiliada as:(1) Is there another available forum which is clearly and distinctly the natural forum, that is to say, the "forum with which the action has the most real and substantial connection"? [read post]
21 Jul 2020, 11:11 am by Sabrina I. Pacifici
Slate – Ruth Bader Ginsburg reflects on her nine female classmates at Harvard Law School and the divergent paths their lives all took from there. [read post]