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30 Oct 2020, 12:48 pm by Eugene Volokh
To establish Article III standing, "a plaintiff must show (1) it has suffered an "injury in fact" that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. [read post]
30 Oct 2020, 12:27 pm by Josh Blackman
For example, I've noticed that the New York Times flags whether a person is a Black man or a Black woman (capital B). [read post]
30 Oct 2020, 9:01 am by Mills & Mills LLP
(as she then was) stated in R v Keegstra, [1990] 3 SCR 397 that, “if the activity being regulated has expressive content, and does not convey a meaning through a violent form, then it is prima facie protected by s. 2(b) of the Charter. [read post]
30 Oct 2020, 6:01 am
Walter, Wachtell, Lipton, Rosen & Katz, on Saturday, October 24, 2020 Tags: Acquisition agreements, Merger litigation, Mergers & acquisitions, Private firms, Public firms, R&W insurance, Risk, Risk disclosure, Special purpose vehicles Time to Unlock the Hidden Value in Your Board Posted by Jeffrey R. [read post]
” So if Remedy A would trigger a very complicated and close severability analysis and Remedy B would trigger an easy and obvious severability analysis, this distinction itself provides reason to prefer Remedy B.In the ACA context, at least upon superficial analysis, Remedy B (enjoining the 2017 tax repeal) wouldn’t seem to raise a difficult question at all; the tax-zeroing provision appears conceptually and functionally disjoined from other provisions of the TCJA, and… [read post]
29 Oct 2020, 5:59 pm by mes286
Louis)             Abbe Gluck (Yale University)             B. [read post]
29 Oct 2020, 11:57 am by Robbie Kenney
On May 7, the Senator wrote to NJMVC’s chief administrator, B. [read post]
29 Oct 2020, 10:29 am by Eugene Volokh
[Another charge] alleged Councilmember White "violated his oath of office pursuant to RCW 29A.56.110(1)(b) by encouraging the public to disobey emergency orders imposed by the State of Washington and the Yakima County Health District. [read post]
29 Oct 2020, 9:44 am
Spitra, Civilisation, Protection, Restitution: A Critical History of International Cultural Heritage Law in the 19th and 20th Century Etienne Henry, The Road to Collective Security: Soviet Russia, the League of Nations, and the Emergence of the ius contra bellum in the Aftermath of the Russian Revolution (1917–1934) Deborah Whitehall, Three Wartime Textbooks of International Law Julia Bühner, Histories Hidden in the Shadow: Vitoria and the International Ostracism of Francoist… [read post]
29 Oct 2020, 5:01 am by Michael Ramsey
The inquiry is (a) what rule does the enactment's original meaning establish, and (b) how does that rule resolve modern questions. [read post]
29 Oct 2020, 4:00 am by Deanne Sowter
(The Alberta rule also prohibits lying by omission, see: R 7.2-2[1]). [read post]
28 Oct 2020, 4:42 pm by Eugene Volokh
" "Verbal harassment" is defined as "hostile or offensive speech, oral, written, or symbolic," that: [A.] is not necessary to the expression of any idea described in the following subsection ["an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea is not verbal harassment even if some listeners are offended by the argument or idea"]; [B.] is sufficiently severe, pervasive, or persistent to create… [read post]
28 Oct 2020, 4:42 pm by Eugene Volokh
" "Verbal harassment" is defined as "hostile or offensive speech, oral, written, or symbolic," that: [A.] is not necessary to the expression of any idea described in the following subsection ["an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea is not verbal harassment even if some listeners are offended by the argument or idea"]; [B.] is sufficiently severe, pervasive, or persistent to create… [read post]
28 Oct 2020, 1:12 pm by Alex Woolgar
 [No doubt the atmosphere in the courtroom was electric.]A former R&D employee of Celgard (Dr Zhang) joined Senior in early 2017, following which Senior quickly expanded its range of products, gained market share and (allegedly) changed the formulation of a particular binder used in its products. [read post]