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4 Oct 2021, 10:58 am by Rebecca Tushnet
One commentator has written: Based on Congress’s failure to address the issue, it may well be that Federal Rule of Evidence 301 provides the default rule and that the shift is merely one of the burden of production. [read post]
22 Sep 2021, 9:08 pm by Michael Lomtevas
Army Corps of Engineers, the National Marine Fisheries Service (NMFS), and the U.S. [read post]
22 Sep 2021, 9:27 am by Joel R. Brandes
 September 16, 2021  Appellate Division, First Department Disposition of prior petition to terminate mother parental rights which was favorable to the biological mother, did not preclude the findings of extraordinary circumstances in later kinship guardianship proceeding. [read post]
16 Sep 2021, 1:34 pm
MPP was initially negotiated and agreed to by the Trump administration and then-incoming Mexican President Lopez Obrador’s administration in November 2018, and the program was first implemented in January 2019. [read post]
2 Sep 2021, 9:03 pm by Omar Khodor
The post Week in Review first appeared on The Regulatory Review. [read post]
  (2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]
  (2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]
26 Aug 2021, 2:59 pm by Kevin LaCroix
[ii]   This article discusses the first prong of the standing elements: injury in fact. [read post]
11 Aug 2021, 12:52 pm by Alvaro Marañon, Benjamin Wittes
  These ongoing discussions have inspired numerous policy suggestions at the federal level, but the first legislative move occurred when North Carolina’s House of Representatives passed a bill banning state and local agencies from making ransomware payments. [read post]
9 Aug 2021, 3:27 pm
Plano Molding Co., 696 F.3d 647, 655 (7th Cir. 2012); In re M/V  Rickners  Genoa  Litig., 622  F. [read post]
On April 26, 2021, defendants asked the Court in a Motion for Reconsideration “to reconsider its denial of [the] motion to dismiss the FTC’s monetary claim [] for consumer redress, disgorgement and restitution as set forth in the FTC’s first amended complaint. [read post]
3 Aug 2021, 2:22 pm by Howard Knopf
David Lametti, as he then was, before he became a Member of Parliament and then Minister of Justice, were my colleagues, co-counsel and clients in an intervention in the immediate forerunner to the current SCC decision, namely, the case of Canadian Broadcasting Corp. v. [read post]
1 Aug 2021, 11:18 am by Russell Knight
“The full faith and credit clause of the Federal Constitution (Art. [read post]