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6 Dec 2023, 9:05 pm by renholding
  The agency has a responsibility, just as a court does, to be a faithful agent of Congress and a steward of Congress’ choices. [read post]
6 Dec 2023, 1:34 pm by Kevin
Florida does indeed have a crime called “obstruction by a disguised person“: Whoever in any manner disguises himself or herself with intent to obstruct the due execution of the law, or with the intent to intimidate, hinder, or interrupt any officer …, whether such intent is effected or not, shall be guilty of a misdemeanor of the first degree…. [read post]
5 Dec 2023, 6:07 pm by Jonathan H. Adler
[The Supreme Court's first decision of the term does not decide very much.] [read post]
5 Dec 2023, 3:09 pm by Giles Peaker
So, it was open to a court to stay for ‘non court based dispute resolution’ even where the parties or a party was unwilling, so long as the order made: (a) does not impair the very essence of the claimant’s right to a fair trial, (b) is made in pursuit of a legitimate aim, and (c) is proportionate to achieving that legitimate aim. [read post]
30 Nov 2023, 6:41 am by Eric Goldman
And, emailing the Summons and Complaint to a defendant does not satisfy Rule 4’s requirements for proper service. [read post]
30 Nov 2023, 6:05 am by Ahilan Arulanantham
Although border and asylum issues remain front and center in virtually all U.S. immigration news, a key question lurking just beneath the surface is now arising in several different contexts: Can states authorize noncitizens to work? [read post]
30 Nov 2023, 6:00 am by Public Employment Law Press
In addition, the Appellate Division noted DOE employees were informed how to apply for religious accommodations and appeal denials and Plaintiff "availed h(er)self of this process, (DOE) explained why h(er) application did not qualify for an accommodation [and the] parties further engaged in the administrative appeals process," and DOE "submitted evidence" that it received over 3,300 religious accommodation requests that needed to be… [read post]
30 Nov 2023, 6:00 am by Public Employment Law Press
In addition, the Appellate Division noted DOE employees were informed how to apply for religious accommodations and appeal denials and Plaintiff "availed h(er)self of this process, (DOE) explained why h(er) application did not qualify for an accommodation [and the] parties further engaged in the administrative appeals process," and DOE "submitted evidence" that it received over 3,300 religious accommodation requests that needed to be… [read post]
28 Nov 2023, 2:15 pm by Holman
The Federal Circuit concluded that “[h]ad Congress meant to deprive the agency of power in section 326(a)(11), it knew how to do it, and, significantly, it did not use language in section 326(a)(11) similar to that used in other sections. [read post]
27 Nov 2023, 9:34 am by Franklin C. McRoberts
Hurlbut (“Bob”), over the estate and business empire founded by their father, Robert H. [read post]
24 Nov 2023, 6:08 pm by Guest Author
”[11] Notably, a public rights claim does not require the government to be a formal party in the proceeding. [read post]