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As others have discussed at length (in addition to Swire and Kennedy-Mayo, also Theodore Christakis) the evidence for cybersecurity and national-security arguments for hard data localization have been, at best, inconclusive. [read post]
4 Oct 2022, 6:20 pm
Galloway, 572 U.S. 565,), legislative prayer has become the vehicle for advancing a constitutionalization of history and tradition as a predicate to adjudging the legitimacy of religious practice in a number of other contexts (Kennedy v. [read post]
4 Oct 2022, 3:02 pm by Jonathan H. Adler
Over the course of the argument it became rather clear that a majority of the Court is unwilling to embrace Justice Kennedy's "significant nexus" test for federal regulatory jurisdiction. [read post]
3 Oct 2022, 4:45 am by SHG
What will they be taught about the Supreme Court, both as an institution and as to the decisions it’s issues since Justice Anthony Kennedy resigned. [read post]
2 Oct 2022, 10:26 pm by Richard Frank
 Many lower courts around the nation have embraced and applied the Kennedy “significant nexus” standard in CWA section 404 cases. [read post]
30 Sep 2022, 8:38 am by Joel A. Webber
Dennis Kennedy, legal tech expert and law professor, put it this way: “How many data points does it take to make a trend? [read post]
29 Sep 2022, 5:18 am by jonathanturley
Moreover, if there is defamation, the courts allow for stripping away anonymity in many cases. [read post]
26 Sep 2022, 9:00 pm by Barry Winograd
Having been active in the profession, I understand that the legitimacy of those deciding disputes is earned in practice, not by treating it as a given.As Justices Sandra Day O’Connor, Anthony Kennedy, and David Souter wrote in upholding a right to reproductive choice in Planned Parenthood v. [read post]
25 Sep 2022, 9:04 pm by Evan Zoldan
The United States seeks an alternative, broader test proposed in Justice Kennedy’s Rapanos concurrence. [read post]
21 Sep 2022, 5:01 am by Eugene Volokh
Justice Kennedy's plurality opinion in Alvarez, however, made clear that government attempts to regulate false statements, even intentional ones, are not exempt from First Amendment scrutiny. [* * *] For constitutional scholars, much of the recent debate over government efforts to restrict false campaign speech has focused on whether there is (or should be) a sphere of election activity where the standard First Amendment approach of applying strict scrutiny to content-based regulations… [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  As in most families, though, closeness does not mean identity, and Mark and I have been debating many of the issues raised by this gathering for many of years. [read post]
9 Sep 2022, 4:05 am by Paige Locke
The concept of the workplace has evolved rapidly over the past two years, and many are now opting for a hybrid work approach rather than a complete return to the office. [read post]
8 Sep 2022, 9:01 pm by Gary Gensler
Joseph Kennedy, the first Chairman of the SEC, had a saying: “No honest business need fear the SEC. [read post]
6 Sep 2022, 3:15 pm by Levin Papantonio
Many of the investments Kennedy and Center Street allegedly recommended have faced bankruptcy, including the Hospitality Investors Trust (an investment that emerged from Chapter 11 bankruptcy but has left investors with nothing) and GWG (an investment currently in bankruptcy proceedings). [read post]
6 Sep 2022, 1:45 pm by Holly Brezee
There are also many form addendums, and even blank addendums, that are published by various realtor associations. [read post]
26 Aug 2022, 10:43 am by INFORRM
If the distinction in cl.4(2) were not drawn in the way that it is, it could in principle entail an enhanced personal right to access information including governmental information (see in this context the discussion in Kennedy v Information Commissioner [2015] AC 455 (SC)). [read post]