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5 Feb 2024, 9:08 am by Robin E. Kobayashi
Therefore, if this had been “real life,” the judge would have ruled in favor of applicant to hold the 2010 head injury not barred by the statute of limitations. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]
2 Feb 2024, 6:00 am by Public Employment Law Press
Plaintiff's complaint simply stated "the coworker was less qualified and less experienced than [Plaintiff]" rather than allege coworker had the same job title as Plaintiff, had the same responsibilities or job requirements as Plaintiff, reported to the same supervisors as Plaintiff, or that she was even employed in the same unit as Plaintiff. [read post]
2 Feb 2024, 6:00 am by Public Employment Law Press
Plaintiff's complaint simply stated "the coworker was less qualified and less experienced than [Plaintiff]" rather than allege coworker had the same job title as Plaintiff, had the same responsibilities or job requirements as Plaintiff, reported to the same supervisors as Plaintiff, or that she was even employed in the same unit as Plaintiff. [read post]
31 Jan 2024, 9:01 pm by renholding
If the court rules in Jarkesy’s favor on his Seventh Amendment claim, the SEC may be required to bring certain civil penalty actions for securities violations in federal court. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
House of Representatives and the Senate already have determined that Donald Trump’s conduct on January 6, 2021 “warrants … disqualification to hold and enjoy any office of honor, trust, or profit under the United States. [read post]
31 Jan 2024, 7:07 am by Daniel M. Kowalski
Gonzales , 435 F.3d 172 (2d Cir 2006) , and held that the one-year period in which a timely application for asylum may be made runs from the applicant’s literal “last arrival” even when that last arrival followed a relatively brief trip outside the United States pursuant to advance parole granted by immigration authorities (which the Second Circuit had held would not restart the one-year clock). [read post]
31 Jan 2024, 6:22 am by Guest Author
Sweet Home Chapter of Communities, the Court distinguished its previous decision in United States v. [read post]
30 Jan 2024, 9:02 pm by renholding
 The absence of a public record specific to the adoption of the policy, the conclusory explanation of its necessity, and the absence of actual evidence of a problem weigh in favor of reexamining the policy. [read post]
30 Jan 2024, 7:16 am by Daniel Deacon
Much of that reorientation from deference to delegation was already accomplished in United States v. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Constitution which provides that, “The United States shall … protect each [state] against invasion. [read post]
29 Jan 2024, 4:46 am by Franklin C. McRoberts
If so, it will be interesting to see if the First Department adopts the Second Department’s entity-favorable “liquidation” standard, applies a more shareholder-favorable strict construction of BCL §§ 909 and 910, or adopts a different standard of its own. [read post]