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19 Nov 2023, 9:00 pm
” To be sure, making the rules explicit could make their meaning clearer, but critics (including me) have also questioned the Code’s likely efficacy, given that it contains no enforcement mechanism.Can anything be done? [read post]
26 Jul 2016, 9:01 pm
Meanwhile, Melania Trump’s plagiarism from Michelle Obama occurred because a Trump Organization writer with no relevant experience was given duties ordinarily assigned to political professionals. [read post]
11 Mar 2024, 9:01 pm
Given the well-established link between being overweight or obese and numerous diseases, maybe we as consumers benefit from shrinkflation when it comes to chips and candy.To be sure, on libertarian grounds, one might think that consumers themselves should be free to choose whether to absorb the incremental health risks from eating more junk food. [read post]
20 Sep 2016, 9:01 pm
No one who cares about these and other issues should discount the stakes for the Court in this election.But we should also avoid two mistakes that can accompany thinking about the uncertain future given the Court’s current eight-justice configuration. [read post]
14 Jun 2017, 12:08 am
” This seems to suggest an allowance, and best practices, but may be ‘cold comfort,’ given the warning of the risk. [read post]
12 Apr 2022, 9:01 pm
Given that RFRA is substantively indistinguishable from RLUIPA, that determination seems to imply that judicial deference to military officials’ expert judgment on national security questions is likewise impermissible under RFRA.The lower court in Holt had noted that even before the Smith decision, courts allowed restrictions on prisoners’ free exercise rights that would be impermissible in civilian life. [read post]
17 Oct 2014, 6:00 am
Durkin, Gregory Elliehausen, Michael E. [read post]
21 Apr 2022, 9:01 pm
The impact of various atmospheric levels of any given pollutant on human health is a scientific question, but how to balance a regulation’s health benefits against its compliance costs is a normative question that calls for a policy judgment.Chevron involved the provision of the Clean Air Act linked above. [read post]
8 Mar 2018, 9:00 am
There is an antikickback safe harbor for passive investments, but this situation was more complicating given that the physician would be essentially be referring patients to an entity in which she would have a financial self-interest. [read post]
22 Jun 2017, 2:00 am
By focusing on inner work with a sense of play, healing is given space. [read post]
27 Feb 2023, 9:01 pm
” If they could have been assured that the only alternative to a death sentence would be life without parole (LWOP), the jury would have spared Cruz’s life.The jurors should have been given that assurance because the judge’s instruction was erroneous. [read post]
16 Apr 2023, 9:01 pm
They even limited their losses in the US House to historically minimal levels, given that the incumbent President’s party almost always loses dozens of seats in the midterm election after he takes office.Minimal, however, is not trivial. [read post]
22 Jun 2017, 2:00 am
By focusing on inner work with a sense of play, healing is given space. [read post]
16 Aug 2022, 9:01 pm
Still, given the trend lines, any dormant Commerce Clause challenge based on the balancing test faces a steep uphill battle.Meanwhile, California argues that the appeals court correctly concluded that the balancing test does not even apply in the Prop 12 case. [read post]
19 Mar 2016, 3:40 pm
In a radio interview, Evangelical Michael Huckabee argued that the Kentucky civil clerk who refused to issue a marriage license to a same-sex couple was as justified in defying an unjust court decision as people are justified in disregarding Dred Scott v. [read post]
17 Jul 2022, 9:00 pm
The fluctuations in share price themselves partly reflect the market’s best guess about the litigation’s outcome, rendering the enterprise somewhat circular, and given those fluctuations, the choice of date could affect the damages award by billions of dollars.Difficulty of valuation is not by itself an insuperable obstacle to a damages award. [read post]
14 Oct 2014, 6:00 am
Durkin, Gregory Elliehausen, Michael E. [read post]
5 May 2015, 9:01 pm
During last week’s oral argument in the same-sex marriage cases, Justice Antonin Scalia posed an arresting question for the plaintiffs’ lawyer, Mary Bonauto: If she wins a constitutional right to same-sex marriage for her clients, would that mean that clergy who will not officiate at same-sex wedding ceremonies would forfeit the power to officiate at opposite-sex wedding ceremonies? [read post]
11 May 2021, 9:01 pm
However, the Board also ruled that the “indefinite” suspension of Trump’s Facebook account could not be evaluated, given the lack of clear standards Facebook used to make the suspension decision and the similar lack of clear standards for reinstating an account.There is much good sense in the Board’s ruling. [read post]
29 Nov 2011, 12:18 pm
(Michael Smith previewed the case yesterday for this blog.) [read post]
