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29 Jul 2014, 3:37 am
Thus, they’re signing up for accounts and reaching sensitive files through these accounts. [read post]
15 Jun 2014, 1:39 pm
In a series of posts preceding the oral argument in Hobby Lobby (see especially Posts IIIand IX, as well as posts III-Aand III-B, in my compendium) I explained that the litigation had proceeded, in the lower courts and in most of the briefs, on the basis of a fundamental misconception. [read post]
12 Jun 2014, 2:21 pm
I know that some will object that this proposal will adversely affect those students whose only path to college is through a grant-in-aid in a non-revenue sport. [read post]
12 Jun 2014, 1:14 pm
IX (e); Woodard v. [read post]
17 Apr 2014, 12:00 am
[ix] Wyatt. [read post]
14 Apr 2014, 12:27 pm
[i] For younger demographics, the numbers are even more startling. [read post]
11 Apr 2014, 5:30 am
[ix] Id. at 15. [read post]
2 Apr 2014, 5:30 am
[i] Concepcion, 131 S. [read post]
31 Mar 2014, 5:30 am
Here, the Court held that the FAA does not allow courts to invalidate a class arbitration waiver through the effective vindication exception. [read post]
28 Mar 2014, 11:21 am
The statute does not distinguish between vested and unvested retirement benefits. [read post]
14 Mar 2014, 10:27 am
I gladly added my name.Though I am heartbroken to read about my beloved alma mater’s betrayal of sexual assault victims, I am not surprised. [read post]
6 Mar 2014, 7:42 am
First, the judge went through the history of the provision, tracing it back to provision in the 1868 Constitution. [read post]
6 Mar 2014, 4:03 am
IX (8th ed.2008–09)). [read post]
23 Feb 2014, 4:20 pm
In a series of posts on Balkinization, I have tried to untangle many of these and other mischaracterizations and misunderstandings. [read post]
21 Feb 2014, 6:26 am
But that does not mean that they are subject to substantial pressure to do so, let alone substantial pressure imposed by federal law--it might, on the whole, be a modest or tentative or ambivalent preference. [read post]
19 Feb 2014, 9:01 pm
It does not accept any federal funds (even for student loans) and, therefore, is not governed by Title IX, but it is governed by the tort laws. [read post]
7 Feb 2014, 10:28 am
I believe that academic boycotts are themselves contrary to principles of academic freedom but that does not make the legislation being considered any more tolerable or constitutional. [read post]
7 Jan 2014, 7:46 am
Cir. 2001).Judge Prost, concurs:However, I agree with the majority that whether we should dismiss the appeal or vacate our ruling is a discre- tionary matter, and I would deny Motorola’s motion on that basis. [read post]
6 Jan 2014, 9:01 pm
The national media doesn’t cover higher-ed ideological or pedagogical issues all that much; and when it does (as in the recent controversy over Title IX and sexual assault policies), it often covers the issue poorly. [read post]
24 Dec 2013, 5:45 am
An original work is the expression of an idea through an exercise of skill and judgment: CCH, at para. 16. [read post]