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29 Jun 2012, 4:52 am by Heidi Henson
The Chief Justice then turned to the argument that the mandate could be upheld as authorized by Congress’s Article I power to “lay and collect Taxes. [read post]
28 Jun 2012, 5:35 pm by Cynthia L. Hackerott
The challenged ruling, issued by the ARB on May 8, 2012 (OFCCP v Frito-Lay, Inc, ARB Case No 2010-132) and discussed in a previous post on this blog, reversed a 2010 ruling by an Administrative Law Judge (ALJ) (ALJ Case No 2010-OFC-002) in favor of Frito-Lay, Inc. [read post]
27 Jun 2012, 2:10 pm by Bill Otis
 But for those worried that Miller is nothing more than the continuation of the slow chipping away of both capital punishment and LWOP, with Justice Kennedy providing the key vote (see Roper and Kennedy v. [read post]
26 Jun 2012, 9:42 pm
"Lochnerians" is a reference to the much-maligned 1905 case of Lochner v. [read post]
22 Jun 2012, 5:18 am
See, e.g., Citizens United v. [read post]
22 Jun 2012, 12:34 am by John Diekman
Practice point: A motion for a preliminary injunction opens the record and gives the court authority to pass upon the sufficiency of the underlying pleading, but this power does not extend to an evaluation of conflicting evidence.Student note: The motion court may not, on its own initiative, convert a motion for a preliminary injunction into one for summary judgment without giving adequate notice to the parties and affording them an opportunity to lay bare their proof.Case: Alexandre… [read post]
21 Jun 2012, 7:07 pm by Peter Roberts
  The case involved lay evidence of possible incompetence but the two medical opinions required under the Patients Property Act (the “PPA”) had not been obtained because the patient refused to cooperate. [read post]
21 Jun 2012, 3:49 am by Russ Bensing
The Supreme Court’s 2004 decision in Crawford v. [read post]
20 Jun 2012, 10:00 pm by Karel.Frielink
Government drafted model articles of association The first model articles of association date from March 15, 2011. [read post]
20 Jun 2012, 10:46 am by Eric
” The judges should reread Section 230(b), where Congress explicitly lays out its policy objectives for Section 230. [read post]