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7 Feb 2024, 7:45 pm by Josh Blackman
" (And odd comments given that the Sinecure Clause does not use "chosen" at all. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
Cas. at 26.In his opening brief, Donald Trump appeared to preserve this argument, though just barely:  He didn’t devote any space to it.[1]  His reply brief does even less with it than that, offering only the ambiguous sentence “that section 3 may be enforced only though the congressionally enacted methods of enforcement,” without even arguing that Chief Justice Chase got it right in Griffin’s Case. [read post]
6 Feb 2024, 12:32 pm by Race to the Bottom
This does not include the 23 types of entities that are exempt from the CTA because they are already regulated under different federal and state laws. [read post]
6 Feb 2024, 5:22 am by Eliav Lieblich
Then, I argue that the geographical nexus requirement, in fact, is extremely difficult to defend in terms of the lex lata, legal policy, literature or practice.[1] This piece does not, however, discuss in detail the obligations in fact owed to Protected Persons in situations or territories once the geographic nexus requirement is rejected. [read post]
5 Feb 2024, 1:56 pm by Peter J. Stuhldreher, Paul M. Knettel
” The 5th Circuit opined that (1) Harris waived this argument by not raising it to the District Court, and (2) Harris cited no authority that Section 16.070 applied to “any cause of action other than a breach-of-contract claim” and, instead, other courts have held that Section 16.070 does not apply to statutory claims. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
  Under that standard, the First Amendment does not preclude punishment for incitement if it is established that the speech in question was “directed to inciting or producing imminent lawless action” and was “likely to incite or produce such action. [read post]
2 Feb 2024, 7:27 am by Marty Lederman
”  The Colorado Secretary of State adds (Br. at 23), somewhat obliquely, that the Colorado legislature “direct[ed]“ Colorado’s courts “to implement the promise of the Fourteenth Amendment. [read post]
1 Feb 2024, 7:00 am by Norman L. Eisen
Trump, Case No.: 1:23-cv-03773 (civil removal proceedings) Order granting Trump notice of motion to dismiss 2nd Circuit appeal of district court order denying his removal petition in New York (Nov. 15, 2023) Trump notice of motion to dismiss 2nd Circuit appeal of district court order denying his removal petition in New York (Nov. 14, 2023) Trump notice of appeal to 2nd Circuit Court of Appeals (July 28, 2023) Order and opinion denying Trump motion to remove and granting State of… [read post]
1 Feb 2024, 5:01 am by Beatrice Yahia
The vote was 23-23 with Mayor Brandon Johnson breaking the tie. [read post]
31 Jan 2024, 9:01 pm by renholding
Moab Partners LP,[1] a closely followed case that ought to address whether a purported failure to make a disclosure required under Item 303 of U.S. [read post]
31 Jan 2024, 2:03 pm by Carl Shusterman
Garland (5-24-23) Matter of Fernandes – BIA (4-2-22) Deciphering Matter of Fernandes (12-5-22) Singh v. [read post]
31 Jan 2024, 6:22 am by Guest Author
”[23] Notice-and-comment rulemaking in particular, which is at issue in Cargill, is not subject to the same separation of powers concerns. [read post]
30 Jan 2024, 9:02 pm by renholding
 The upshot: so long as a defendant says what the SEC wants to hear (or says nothing at all), he does not violate the No-Admit-No-Deny Provision. [read post]
30 Jan 2024, 1:00 am by Dennis Dimka
Related – Law Firm Marketing Strategy: 23 Tactics: A list of the 23 best law firm marketing tactics. [read post]