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8 Dec 2022, 2:21 pm by Nicole Pottroff
Explaining the deference provided to agencies under such standards, it said: this Court reviews an agency’s procurement decisions to determine whether they are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. [read post]
8 Dec 2022, 2:07 pm
“For most constitutional provisions, there is no ‘original meaning’ to be discovered,” Berkeley law dean Erwin Chemerinsky writes in a new book, “Worse Than Nothing: The Dangerous Fallacy of Originalism. [read post]
8 Dec 2022, 11:28 am by jonathanturley
This is the result of years of faculty replicating their own ideological preferences and eradicating the diversity that once existed on faculties. [read post]
8 Dec 2022, 6:30 am by Guest Blogger
Yet, she fearlessly renders visible that which many would prefer to remain invisible. [read post]
8 Dec 2022, 5:01 am by Eugene Volokh
Here are some responses to possible objections to my general thesis (see the Introduction for a quick summary), though you can read the whole PDF, if you prefer: [* * *] D. [read post]
8 Dec 2022, 4:05 am by David Lynn
The law imposes upon certain corporations a non-deductible excise tax equal to one percent of the fair market value of any stock of the corporation repurchased by such corporation during the taxable year. [read post]
8 Dec 2022, 4:00 am by Guest Author
The normative theory of public law assumes that courts prefer administrative processes that exhibit a minimal degree of fairness and will punish agencies that do not comply with this preference by refusing to enforce their decisions. [read post]
8 Dec 2022, 12:00 am by Lawrence Solum
(Forthcoming in: New Conversations in Philosophy, Law, and Politics. [read post]
7 Dec 2022, 5:27 pm by India McKinney
We would have preferred a bill that did not require survivors to provide paperwork to “prove” their abuse. [read post]
7 Dec 2022, 12:01 pm by Florian Mueller
It could also be that someone else's store, such as an Epic Games Store or an Amazon Store, will be my preferred distribution platform depending on a number of factors that I'd have to consider at that stage.No one is saying that Microsoft could solve the problem without measures such as the Open App Markets Act (or the Digital Markets Act in the EU). [read post]
7 Dec 2022, 8:32 am by Neil H. Buchanan
  Why not let the White people who have turned Ohio, Iowa, and Missouri from competitive to brightish-red suffer the consequences of their grievance-over-economics preferences? [read post]
7 Dec 2022, 8:18 am by Eric Goldman
Google: Prager suggests, however, that the California choice-of-law provision in YouTube’s Terms of Service (YouTube TOS) implies defendants’ tacit agreement to waive CDA immunity as to all claims arising under state law, rather than Prager’s agreement that California law would govern claims arising under the contract. [read post]
7 Dec 2022, 7:31 am by Alexandra L. Arko
Personal information is frequently collected by employers, journalists, members of law enforcement, lawyers, and marketers. [read post]
7 Dec 2022, 7:12 am by Matt Perault, Berin Szóka
AICOA would bar large tech platforms from adopting policies that would give preference to their own products over others’. [read post]