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25 Feb 2016, 9:01 pm by Vikram David Amar
And since a president can always decline to issue a commission to a justice, it is not even clear that the president is under any mandatory legal duties here.)If we look at other constitutional settings in which one entity must consent to the proposal of another actor before the proposal can take legal effect, we have as a general matter not inferred any duty on the part of the second actor to do anything. [read post]
24 Feb 2016, 9:13 am by Eugene Volokh
(The holding on the veto charge is a matter of state law, on which the Texas Court of Criminal Appeals has the final word; the interpretation of what the coercion statute actually covers is also a matter of state law, though the question whether, as interpreted, the statute violates the First Amendment is a matter of federal law.) 4. [read post]
8 Feb 2016, 6:25 am by Juan C. Antúnez
But does that mean you’re required — as a matter of law — to always add a deceased donor’s PR as a party to this kind of lawsuit? [read post]
3 Feb 2016, 8:57 am by Dennis Crouch
Bancorp, et al., No. 15-591 (Whether subject matter eligibility under 35 U.S.C. [read post]
11 Jan 2016, 9:01 pm by Vikram David Amar
Moreover, the bar pass rate that matters in this category takes into account the overall bar pass rate for the state in which a plurality of a school’s students take the bar. [read post]
17 Dec 2015, 9:01 pm by Vikram David Amar and Michael Schaps
By now most Verdict readers have probably heard about Justice Scalia’s provocative comments at last week’s oral argument in Fisher v. [read post]
16 Dec 2015, 9:26 am by Robert B. Milligan
Throughout 2015, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing area of law. [read post]
8 Dec 2015, 11:35 am by John Jascob
In addition, the letter calls for a more efficient route for judicial review and urges the SEC to apply the changes to currently pending matters to the fullest extent possible. [read post]
29 Nov 2015, 10:55 am by John Floyd
Consideration of the first, third, and fourth Dunn factors outweighs the one Dunn factor that arguably militates against finding the area to be part of the home’s curtilage, i.e., the area was surrounded by an enclosure. [read post]
24 Nov 2015, 3:18 am by Broc Romanek
With the number of impact-driven companies increasing rapidly, it is only a matter of time before the management of an impact-driven company decides to scale its impact through an initial public offering. [read post]
5 Nov 2015, 3:24 am by Broc Romanek
No mention in the earnings release that management plans to discuss matters other than past results on the earnings call (like guidance). 10. [read post]
28 Oct 2015, 5:05 pm by INFORRM
Dodgy newsgathering has taken place at some papers and journalists weigh trauma matter-of-factly, sometimes brutally. [read post]
17 Oct 2015, 8:45 am by Bill
Dunn does white collar criminal defense. [read post]
8 Oct 2015, 9:01 pm by Vikram David Amar
Last year at the Supreme Court, there was some level of drama about who would win or lose what I (and many other analysts) thought were the major cases; most people expected Justice Kennedy to join (as he did) with the more liberal Justices to recognize a national right of marriage equality for same-sex couples, but folks were less confident about the results in the Obamacare tax subsidies case and the challenge to Arizona’s independent redistricting commission, to name just a few. [read post]
23 Sep 2015, 9:01 pm by Vikram David Amar
The district court (and the Ninth Circuit too, for that matter, since this part of the case ping-ponged between the two courts over recent years and the district judge was taking her cue from a 2013 Ninth Circuit decision) ruled that the Day Laborer provisions violate the First Amendment because they discriminate against commercial speech—the solicitation of work and offers to hire—without adequate justification. [read post]
16 Sep 2015, 10:41 pm by Jeff Gamso
(Whether Bork was actually borked is a arguable; the question depends on whether the attacks on him were fair, a matter of some dispute.) [read post]
5 Sep 2015, 4:27 am by SHG
“People who deny this issue don’t believe something like an unwanted kiss is harmful, but it is,” Dunn said. [read post]
27 Aug 2015, 9:01 pm by Vikram David Amar
Before teaching, Professor Amar spent a few years at the firm of Gibson, Dunn & Crutcher.Follow @prof_amar on Twitter [read post]