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14 Aug 2022, 6:00 am
Introduction In The Path of the Law, Supreme Court Justice Oliver Wendell Holmes, Jr., wrote, If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience. [read post]
13 Aug 2022, 5:51 pm
COPYRIGHT CASE OF FIRST IMPRESSION IN 11TH CIRCUITEleventh Circuit clarifies its position on the “Second Scienter” Requirement for a willful violation of the Digital Millennium Copyright Act (“DMCA”). [read post]
13 Aug 2022, 4:40 pm
., N.Y.) before running an op-ed from Senator Tim Scott (R., S.C.). [read post]
13 Aug 2022, 10:00 am
“To satisfy its burden, the employer must demonstrate either (1) that it provided the plaintiff with a reasonable accommodation for his or her religious observances or (2) that such accommodation was not provided because it would have caused an undue hardship – that is, it would have ‘result[ed] in more than a de minimis cost to the employer. [read post]
13 Aug 2022, 9:23 am
Bryan Camp (Texas Tech), Lesson From The Tax Court: Non-Receipt of 1099 Does Not Get You Out of Penalties Paul Caron (Dean, Pepperdine), ABA Loosens Distance Learning Accreditation Standard; Council Withdraws Diversity Proposal After Public Criticism Higher Ed Dive, Former Students Sue Columbia, Say They Were Misled By Misreporting Of... [read post]
13 Aug 2022, 8:30 am
” Black’s Law Dictionary (11th ed. 2019) A colorable transaction is “[a] sham transaction having the appearance of authenticity” Black’s Law Dictionary (11th ed. 2019) The distinction between the two terms is that illusory transfers are not deceitful but do not actually transfer completely whereas colorable transfers may be complete yet subject to a deceitful, secret agreement. [read post]
13 Aug 2022, 7:56 am
She told me about all the hard work Mike Duffy and Ed Eshoo had done to make this win possible. [read post]
13 Aug 2022, 4:22 am
Then again, there is no rushed op-ed in the New York Times, as least as of now amidst the op-eds about Trump and the climate bill that used to be called the inflation reduction bill when it still needed to be sold, pointing at Rushdie and shouting that this is what conflating words and violence has wrought. [read post]
13 Aug 2022, 12:05 am
Millennial Leadership in Law Schools: Essays on Disruption, Innovation, and the Future (Ashley Krenelka Chase (Stetson; Google Scholar), ed. 2021): This book explores the role millennials will play—as faculty, administrators, or staff members—in shaping the future of legal education, and what the academy can do to embrace the millennial generation... [read post]
12 Aug 2022, 1:53 pm
In Loper Bright, Judge Rogers — over Judge Walker’s dissent — upheld “a rule that required industry to fund at-sea monitoring programs” and in Oglala Sioux Tribe, Judge Rao rejected an argument that the agency did not “spend[] enough time or money on a survey and effectively forc[ed] the Tribe to subsidize it. [read post]
12 Aug 2022, 12:43 pm
Titled A Practical Guide to Planning Collaborative Initiatives to Advance Racial Equity (2nd ed. 2022) (available at … Continue reading OSU’s DCP Releases Second Guide to Advance Race Equity Initiatives → [read post]
12 Aug 2022, 12:30 pm
[Ed.: By the by, this might be the first time your humble staff has seen a pro se amicus referenced.] [read post]
12 Aug 2022, 9:18 am
“Vote Against Sex Ed Radical Mary Duvall for State Senate. [read post]
12 Aug 2022, 5:30 am
In other words, the Commissioner opined that "[o]nly an individual who is directly affected by an action has standing to commence an appeal therefrom, citing Appeal of Abitbol, 57 Ed Dept Rep, Decision No. 17,333 and Appeal of Waechter, 48 id. 261, Decision No. 15,853. [read post]
12 Aug 2022, 5:30 am
I thought this was going to be a slow week. [read post]
12 Aug 2022, 5:30 am
In other words, the Commissioner opined that "[o]nly an individual who is directly affected by an action has standing to commence an appeal therefrom, citing Appeal of Abitbol, 57 Ed Dept Rep, Decision No. 17,333 and Appeal of Waechter, 48 id. 261, Decision No. 15,853. [read post]
12 Aug 2022, 5:23 am
The district court granted the township’s motion for judgment on the pleadings in September 2020, finding that Oakland Tactical failed to plausibly plead that the Second Amendment required the township to permit shooting ranges in the Agricultural-Residential District, and that it had also failed to establish that the ordinance effectively banned all shooting ranges, since it “appear[ed] on its face to allow shooting ranges in [other] districts” and Oakland Tactical had… [read post]
12 Aug 2022, 4:44 am
Sarch (University of Surrey School of Law) has posted Legitimate Divergence between Moral and Criminal Blame (Routledge Handbook of Responsibility (Max Kiener, ed.), Forthcoming) on SSRN. [read post]
11 Aug 2022, 9:14 pm
United States, which, Fields claimed, required the District Court to find that the offense "necessarily entail[ed] the conduct described in § 924(e)(2)(A)(ii). [read post]
11 Aug 2022, 4:15 pm
Last year’s attendees included Ken Ayotte, Douglas Baird, Bruce Bennett, Jared Ellias, Anna Gelpern, Marshall Huebner, Ed Morrison, Mark Roe, David Skeel, and Jamie Sprayregen. [read post]
