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7 Feb 2024, 1:34 pm
Which I'd care more about if it mattered, which, again, it doesn't much at this point.) [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
”  In support of this very broad proposition, the CRSCC cites In re Griffin, in which Chief Justice Chase, sitting by designation, wrote that the disability “create[d]” by Section 3 is “to be made operative … by the legislation of congress in its ordinary course. [read post]
6 Feb 2024, 2:54 pm by Eugene Volokh
I have concluded, already from the record, from what you said to me in court, that you misrepresented to me material matters," and further explained that "[t]he question is what I'm going to do about it. [read post]
6 Feb 2024, 5:42 am by Jon Hyman
I'm as pro-DEI as anybody, but in this battle Commissioner Lucas is the clear winner by an early and devastating knockout. [read post]
5 Feb 2024, 7:10 pm by Ann Pearson
 I’m going to share some of the biggest pitfalls that I see new paralegals make early in their careers that could be holding you back.And if you’re making any of them, what you can do to self-correct now so that it isn’t detrimental to your paralegal career. 1. [read post]
5 Feb 2024, 5:21 pm by Steve Bainbridge
But Musk’s tweets have put a spotlight on jurisdictional competition and, in that spirit, I’d like to offer five alternate reasons that Musk might find that a Texas move benefits Tesla. [read post]
5 Feb 2024, 4:00 pm by Mary Chastain
I’m in trial in another matter that has not yet returned to my calendar. [read post]
4 Feb 2024, 1:01 pm by Josh Blackman
As a threshold matter, this provision expressly contrasts between Senators and Representatives, who are elected, and "any civil Office[s] under the Authority of the United States," which are appointed. [read post]
3 Feb 2024, 2:59 pm by Rebecca Tushnet
S&M cases are fascinating in thinking about consent and criminality. [read post]
3 Feb 2024, 10:59 am by Rebecca Tushnet
A: What I’m taking issue with is that assumption! [read post]
As a final point, I’m glad to see John Terhune’s PPH story place another issue that I have previously blogged about into public awar [read post]
2 Feb 2024, 4:17 am by Chris Seaton
Before we get any further into this I want to make it clear what I’m about to discuss involves a lot of allegations, rumor, and innuendo. [read post]
1 Feb 2024, 6:19 pm by Cynthia Marcotte Stamer
Furthermore: Only employees who customarily and regularly receive more than $30 a month in tips qualify for treatment as tipped employees; The employer must inform the tipped employee of the provisions of FLSA section 3(m) in advance if the employer elects to use the tip credit; and Employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
  If he did, all or almost all electors “pledged” to him would probably cast their votes for him in December, no matter what the Court has said about his eligibility. [read post]
30 Jan 2024, 9:02 pm by renholding
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]