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30 Sep 2009, 5:24 am
The Supreme Court case places a higher burden on Age Discrimination plaintiffs (as compared to Title VII plaintiffs) in "mixed motive" cases. [read post]
31 Aug 2012, 2:00 pm
In addition to the pain and suffering caused by the loss of a limb, the financial load can be a heavy burden to bear. [read post]
20 Aug 2014, 10:03 pm by Dan Flynn
The government offers no justification for “burdening the court” with so much “in camera” review. [read post]
6 Jul 2021, 9:01 pm by Michael C. Dorf
But the legal analysis and the Court’s broad acceptance of Republican talking points about voter fraud portend ill for the future of American democracy.Follow @dorfonlaw Michael C. [read post]
11 May 2012, 9:50 am by James Hamilton
The legislation was sponsored by Representatives Michael Grimm (R-NY), Gary Peters (D-MI), Austin Scott (R-GA), and Bill Owens (D-NY). [read post]
17 Oct 2010, 8:34 am
Carter had the burden to show a genuine issue of fact as to conduct that could cause personal liability on Brumley's part. [read post]
7 May 2013, 9:01 pm by Michael C. Dorf
However, a federal statute, the Religious Freedom Restoration Act (RFRA) forbids the federal government from imposing excessive burdens on religious exercise, even if the burdens at issue are not specifically targeted at religion. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
To find that there is a mandate, the Court will need to conclude that Congress and the President were either lying to everyone about what the law did or that they somehow accidentally created a mandate even though they were fully on notice that a pure mandate would be unconstitutional according to five Justices in the 2012 case.(3) Suppose that the Justices nonetheless conclude that despite all evidence to the contrary, the current version of the ACA is a mandate and that even a mandate backed by no… [read post]
24 Jan 2017, 9:01 pm by Michael C. Dorf
That, in turn, would mean overruling Coleman and, more importantly, placing a heavy financial burden on state criminal justice systems. [read post]
4 Aug 2020, 9:01 pm by Michael C. Dorf
Meanwhile, Justice Kavanaugh’s dissent in the Louisiana abortion case itself stated his view—which he had telegraphed the previous year—that the plaintiffs had not satisfied the burden necessary for facial invalidation of the law, a seemingly technical ground for decision.The final article in Bisckupic’s series discusses the Trump financial records cases. [read post]
28 May 2019, 7:49 am by Michael Geist
The post Self-Serving in the Extreme: Bell’s Broadcast and Telecom Submission to the BTLR Revealed appeared first on Michael Geist. [read post]
24 Feb 2016, 6:05 am by Michael Geist
While that is the starting point obligations for the digital lock penalties, the TPP also includes an exception that removes the possibility of damages in certain cases: a Party may provide that damages shall not be available against a non-profit library, archive, educational institution, museum or public non-commercial broadcasting entity, if it sustains the burden of proving that it was not aware or had no reason to believe that its acts constituted a prohibited activity. [read post]
28 Jun 2017, 8:10 am by Michael Geist
The Supreme Court of Canada did not address the broader implications of the decision, content to limit its reasoning to the need to address the harm being sustained by a Canadian company, the limited harm or burden to Google, and the ease with which potential conflicts could be addressed by adjusting the global takedown order. [read post]
22 Apr 2015, 11:51 am by Daniel Shaviro
  But, on the other hand, state and local real property taxes tend to burden home consumption relative to other consumption. [read post]
13 Jul 2019, 2:50 pm by Guest Blogger
  According to the Republican spokesman for the law, Senator Jeff  Brandes (R-St. [read post]