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The legal landscape continues to evolve quickly and there is a lack of clear-cut authority or bright line rules on implementation. [read post]
19 Aug 2022, 12:20 pm by John Ross
  Second Circuit: For a job applicant to be entitled to an ADA-mandated accommodation on an employment exam, the applicant must show he's qualified to do the job he's applying for, not just that he's qualified to take the exam. [read post]
18 Aug 2022, 9:18 am by JURIST Staff
As an active law student, when the dark shadow of the Taliban took over the bright sky of Afghanistan, I lost everything I had and everything I wished to have in the future. [read post]
12 Aug 2022, 1:53 pm by Aaron L. Nielson
Well, Loper Bright is all about deference; the Court explicitly deferred to the agency, over Judge Walker’s dissent. [read post]
3 Aug 2022, 3:19 pm by Anusia Gillespie
We can mix and match and predict the associated value created quite effectively with our Luma application. [read post]
29 Jul 2022, 8:41 am by Dennis Crouch
   The petition argues that Judge Moore has improperly created a bright-line rule in an area where “there are no bright-line rules. [read post]
22 Jul 2022, 4:34 pm by Eugene Volokh
Plaintiff itself acknowledged this crowded field in its application to the United States Patent and Trademark Office ("PTO"). [read post]
18 Jul 2022, 11:35 pm by Matthew G. Doré
As I explained in the earlier post, defining director exculpation exceptions with bright lines is particularly appropriate outside of Delaware, where corporate fiduciary litigation is less common and thus affords fewer opportunities for courts to refine shield exceptions. [read post]
18 Jul 2022, 2:37 pm by Steve Bainbridge
Where the entire fairness standard is applicable to a corporate law dispute, there are two aspects to the inquiry:  ... fair dealing and fair price. [read post]
12 Jul 2022, 1:16 pm
On the other, it must harmonize the application of international fundamental human rights covenants (and specifically in this context the International Covenant for Civil and Political Rights) in the SAR with the expectations of such application by international oversight bodies. [read post]
This usurpation of power would distract the agency from its core mission of case-by-case expert application of the FTC Act through administrative adjudication. [read post]
5 Jul 2022, 11:38 am by Kristin E. Hickman
Bright line rules have their problems, too. [read post]