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6 Aug 2020, 3:08 pm by James Kachmar
  The Ninth Circuit in an unpublished opinion in Monster Energy Company v. [read post]
5 Aug 2020, 7:59 am by Mark Rienzi
That argument, which had been accepted by some lower courts, treated RFRA as solely a judicial remedy and not a directive to be implemented by federal agencies. [read post]
5 Aug 2020, 4:00 am by Martin Kratz
The result was that Ontario law was applied to this analysis.[11] On the question of unconscionability the Supreme Court followed its prior guidance that “arguments over any potential unfairness resulting from the enforcement of arbitration clauses contained in standard form contracts are better dealt with directly through the doctrine of unconscionability”.[12] The Supreme Court described the doctrine as follows:[13] Unconscionability is an equitable doctrine that is used to set aside… [read post]
4 Aug 2020, 9:03 pm by Richard L. Revesz
But this reading of history contradicts what has been, for decades, the standard view among scholars of the administrative state, a view that the Court itself reaffirmed in 1986 in Bowsher v. [read post]
4 Aug 2020, 10:43 am by Leslie Griffin
Court of Appeals for the 3rd Circuit sided with Philadelphia, and the Supreme Court granted cert. [read post]
4 Aug 2020, 6:30 am by Stephen Griffin
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).It probably did not occur to many people encountering Mark Tushnet’s early career work that he would wind up being something of a national treasure in constitutional law. [read post]
3 Aug 2020, 9:07 pm by Simon F. Haeder
The Court’s most recent decision, Little Sisters of the Poor Saints Peter and Paul Home v. [read post]
3 Aug 2020, 7:02 am by Elizabeth McAuliffe (Bristows)
The analysis of the skilled person and the skills of such a person is much more than an interesting academic side show. [read post]
3 Aug 2020, 6:30 am by Guest Blogger
Tushnet’s account offers some compelling answers about what the court’s role has been in contributing to this decline, from salient decisions like Shelby v. [read post]