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23 May 2022, 8:55 am by Laurence H. Tribe
Although I know of no one else who has voiced constitutional doubts, some commentators besides Stephan have expressed skepticism on statutory grounds—either doubting that the subsection of IEEPA on which I have relied confers sufficient authority, or concerning whether President Biden would need to invoke a companion provision enacted by Congress as part of the Patriot Act in the wake of 9/11 (a provision applicable only when we are “attacked by a foreign country or by foreign… [read post]
16 May 2022, 3:32 am by SHG
There was a bright line and anyone who crossed it knew what he was doing. [read post]
11 May 2022, 11:25 am by Jonathan Bailey
This began with a call for applications in February. [read post]
9 May 2022, 10:36 am by Drew Cochran
So, when a cop pulls you over and scares the heck out of you in the process with all these serious questions and a bright flashlight, you might be tempted to babble off excuses and defenses of your actions. [read post]
9 May 2022, 8:58 am by Nicole Pottroff
It said: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered, unless preempted by application of the State Licensing Authority (SLA) priority under the Randolph–Sheppard Act. [read post]
26 Apr 2022, 6:00 am by Lawrence J. Spiwak
” To remedy this perceived analytical shortcoming, they argue that the commission should step into the breach and promulgate ex ante bright-line rules to better enforce the prohibition against “unfair methods of competition” (UMC) outlined in Section 5 of the Federal Trade Commission Act. [read post]
25 Apr 2022, 3:09 pm by Kristi Thomas and Robert Foster
The legal landscape continues to evolve quickly and there is a lack of clear-cut authority or bright line rules on implementation. [read post]
25 Apr 2022, 11:13 am by Paul S.O. Barbeau
While the proposed 12-month Anti-flipping Tax sounds like a bright-line, as between capital gain / principal residence treatment and business income, that may not prove to be the case. [read post]
22 Apr 2022, 5:49 am by Tom Dannenbaum
Even if such objects are used not just by civilians, but also by combatants, two bright-line prohibitions still apply to the attack, destruction, removal, or rendering useless of such objects. [read post]
19 Apr 2022, 4:12 am by Russell Knight
An Illinois court will divide marital property “in just proportions considering all relevant factors, including: (1) each party’s contribution to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including (i) any decrease attributable to an advance from the parties’ marital estate under subsection (c-1)(2) of Section 501;  (ii) the contribution of a spouse as a homemaker or to the family unit;  and (iii)… [read post]
Among other restrictions, if a company procures a loan or received financial assistance under such Acts, that company and its affiliates may be prohibited from buying back the company’s public stock (unless contractually obligated to do so prior to the enactment of the CARES Act) until one year after the loan is repaid, the financial assistance received is expended, or September 30, 2022, whichever applicable date is the latest. [read post]
11 Apr 2022, 8:33 am by Kristi Thomas and Robert Foster
  However, employers must still provide face coverings and ensure they are worn by employees when required to do so by orders from the California Department of Public Health (“CDPH”) or applicable local public health order. [read post]
10 Apr 2022, 6:00 am by Lawrence Solum
  A word or phrase is vague when it has borderline cases: for example, the word "tall" is vague, because there is no bright line between those individuals who are tall and those who are not. [read post]
4 Apr 2022, 3:22 am by Matrix Legal Support Service
In this post, Mathew Purchase QC of Matrix Chambers shares his views on the Supreme Court’s decision in R (on the application of Z) v Hackney LBC [2020] UKSC 40. [read post]
30 Mar 2022, 7:56 am by Dennis Crouch
Mar. 24, 2022) (“code”, “application” and “system”); and VDPP LLC, v. [read post]