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28 Feb 2019, 5:42 am by Eugene Volokh
Yes, said an Ohio Court of Appeals majority opinion, reasoning that the speaker's past speech "was not engaged in for a legitimate reason, but instead for an illegitimate reason born out of a vendetta seeking to cause mental distress to his mother and sister and to exact personal revenge. [read post]
28 Feb 2019, 5:04 am by Eugene Volokh
The locales where liberalism has most gained ground are the Ottoman Empire in the 19th century; Iran in the early 20th century; Egypt in the late 19th and first half of the 20th century, especially the period 1923–1952; Tunisia in the mid-19th century; and heavily Muslim regions of the Russian Empire—what are today known as the Central Asian Republics—in the late 19th and early 20th centuries. [5.] [read post]
27 Feb 2019, 9:01 pm by Leslie C. Griffin
” Katyal said Lemon was not needed to decide his case, which could be decided on much more straightforward grounds. [read post]
27 Feb 2019, 10:02 am by Kristen R. Klesh and Leonard L. Gordon
” Specifically, the FDCA expressly (1) allows for structure/function claims and (2) preempts any state law “requirement respecting any claim of the type described in section 343(r)(1) of this title made in the label or labeling of food that is not identical to the requirement of section 343(r) of this title. [read post]
27 Feb 2019, 6:01 am by Michael Geist
The post Enough is Enough: Bains Proposes CRTC Policy Direction Grounded in Competition, Affordability, and Consumer Interests appeared first on Michael Geist. [read post]
27 Feb 2019, 5:07 am by Daniel Philpott
In each of the other countries where major uprisings took place, there were also people and factions who stood for religious freedom on Islamic grounds. [read post]
27 Feb 2019, 3:30 am by Molly E. Reynolds
Jim Jordan (R-Ohio), have laid out some important markers as to what they’d each like Cohen to address in his testimony. [read post]
26 Feb 2019, 7:53 pm by Irina Manta
And if the government wishes to remove citizenship on rare grounds such as treason, it can only do so with the due process of law--rather than fiat by tweet. [read post]
26 Feb 2019, 4:36 pm by David Kopel
Several other cases in the Rene E. list were decided on procedural or other grounds, and did not address constitutional questions. [read post]
26 Feb 2019, 3:21 pm by Seyfarth Shaw LLP
Because the Ninth Circuit did not rule on these grounds, the Supreme Court declined to address these arguments. [read post]
26 Feb 2019, 9:00 am by Dennis Crouch
District Court Judge Mark Walker dismissed the case on a R.12(b)(6) motion without taking any evidence — finding the asserted claims ineligible as a matter of law. [read post]
26 Feb 2019, 5:46 am by Jonathan H. Adler
It is not well grounded historically; this Court has not articulated a consistent rationale for it; and it is more difficult to justify on the basis of implicit congressional intent than Chevron U.S.A. [read post]
26 Feb 2019, 3:27 am by Neil O’May (UK)
In April 2017, Tesco entered into a DPA with the SFO on the grounds there was a realistic prospect of a conviction against the company on a charge of false accounting because individuals who were the “controlling mind and will” of the company dishonestly falsified the accounts. [read post]
25 Feb 2019, 9:01 pm by Joanna L. Grossman and Grant Hayden
Phillips 66 asked the Fifth Court to affirm its victory on the same, specific ground it won on below.The EEOC—the federal agency charged with enforcing Title VII—and several advocacy groups asked the Fifth Circuit to rule that Title VII protects against transgender discrimination. [read post]
25 Feb 2019, 11:49 am by Jack Rubens and Lauren Chang
The petitioners challenged the County’s certification of the EIR on several grounds, including that: (1) the EIR was inadequate because it failed to include an analysis that correlated the Project’s emission of air pollutants to its impact on human health; (2) the mitigation measures for the Project’s long-term air quality impacts were vague, unenforceable and lacked specific performance criteria; and (3) the statement that the air quality mitigation measures would… [read post]
25 Feb 2019, 6:00 am by Jason C. Gavejian and Maya Atrakchi
Although the FCC did say in its 2015 Order “there must be more than a theoretical potential that the equipment could be modified to satisfy the ‘autodialer’ definition”, the Court held that this “ostensible limitation affords no ground for distinguishing between a smartphone and a Firefox browser”. [read post]