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Bollinger, 539 U.S. 306 (2003), because they: (i) “lack sufficiently focused and measurable objectives warranting the use of race,” (ii) involve racial stereotyping, (iii) use race in a negative way, and (iv) do not have “a logical end point. [read post]
29 Jun 2023, 3:33 pm by John Elwood
§ 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i). [read post]
29 Jun 2023, 4:00 am by Guest Blogger
iii) How can court performance (or that of the Chief Justice) be measured? [read post]
27 Jun 2023, 9:01 pm by renholding
EPA.[46] As the Supreme Court observed, “[e]xtraordinary grants of regulatory authority are rarely accomplished through ‘modest words,’ ‘vague terms,’ or ‘subtle device[s]’” and that Congress does not “typically use oblique or elliptical language to empower an agency to make a ‘radical or fundamental change’ to a statutory sche [read post]
27 Jun 2023, 11:13 am by CodeX
From an insurance business point of view, this representation of the contract comes with multiple benefits: (i) nontechnical authors are capable of drafting these contracts; (ii) it supports interoperability because data is separated from the software; and (iii) the data model can be reused across different use cases or applications written in different programming languages. [read post]
25 Jun 2023, 10:14 pm by Josh Blackman
I think the analogy between criminal prosecutions and immigration detainers does not hold. [read post]
24 Jun 2023, 4:50 pm by Russell Knight
For each controlled expert witness, the party must identify: (i) the subject matter on which the witness will testify; (ii) the conclusions and opinions of the witness and the bases therefor; (iii) the qualifications of the witness; and (iv) any reports prepared by the witness about the case. [read post]
22 Jun 2023, 2:29 pm by Ian Carleton Schaefer and Myles Moran
” This civil action must be brought within two years of the later of the date (i) the prohibited non-compete was signed; (ii) the employee or contractor learns of the prohibited non-compete agreement; (iii) the employment or the contractual relationship is terminated; or (iv) the employer takes any step to enforce the non-compete agreement. [read post]
20 Jun 2023, 9:04 pm by Scott McKeown
Today, I’ll walk through the ones that I expect to be dropped, or at least heavily revised. [read post]
20 Jun 2023, 9:04 pm by Scott McKeown
Today, I’ll walk through the ones that I expect to be dropped, or at least heavily revised. [read post]
20 Jun 2023, 7:09 pm by Jacob Fishman
Part III analyzes why the climate change issue has been so intractable. [read post]
 The exclusion will not apply to any amount attributable to income that does not bear the entity-level tax for any reason. [read post]
20 Jun 2023, 6:29 am by Patricia Hughes
I focus the discussion of these issues through the lens of section 3, which guarantees the right to vote and to be eligible to sit in the legislature. [read post]