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21 Jan 2020, 9:01 pm by Michael C. Dorf
If Congress does not prescribe a time limit, does ratification remain open forever? [read post]
6 Jul 2014, 1:08 pm by Marty Lederman
**  As such, Hobby Lobby is the rare exception that reveals the scope of the traditional doctrinal rule:  Religious exemptions in the commercial setting are presumptively disfavored because they will ordinarily result in significant harm to third parties or a significant obligation for taxpayers . . . but "ordinarily" does not mean "always," and a presumption is just that--in rare cases it can be overcome.If the holding in Hobby Lobby was narrow, however, the… [read post]
4 Jun 2022, 5:25 pm by Chuck Cosson
A book I returned to over and over again in law school (when the inklings of the Internet were just dawning) posits that international law must constantly wrestle with two potential criticisms:  it is either simply an apologetic for what states will do (or what powerful states will impose) and thus no law at all, or it is a utopia that describes a world that does not exist and thus irrelevant.[12] The introduction to that book encapsulates this paradox with a quote from Salman Rushdie,… [read post]
19 Feb 2021, 7:59 am by Bob Bauer
The Senate rules governing impeachment trials permit the Senate to call witnesses and subpoena evidence, but it rarely does much of the former or any of the latter. [read post]
11 Aug 2021, 7:25 am by John Jascob
Section 202(a)(11) of the Investment Advisers Act defines who is considered to be an investment adviser thus: "any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities" (emphasis added).Of… [read post]
12 Nov 2007, 9:04 am
   Whether Congress does anything or not, these cases have effected a major change in the profitability of patent portfolios wielded by non-practicing entities. [read post]
13 Jan 2012, 4:51 am by Legal Beagle
A dwp spokeswoman said: "If a decision is overturned at appeal, it does not necessarily mean that the original decision was inaccurate. [read post]
19 Oct 2011, 6:41 am by Charon QC
John Bolch, whose Family Lore blog is more often than not practical and serious, does find time to hunt down the more surreal posts. [read post]
7 Jun 2010, 11:34 pm by Transplanted Lawyer
Senator:  There are three credible choices here, Tom Campbell, Carly Fiorina, and Chuck DeVore. [read post]
14 Dec 2011, 4:05 am by Max Kennerly, Esq.
Like with commercial airliners, though, if a school bus accident does occur, then it’s likely to cause a lot of damage, and the accident is likely the result of colossal negligence. [read post]
6 Oct 2009, 6:02 pm
It was the only team that Tom Osborne ever had that he said he would feel comfortable taking them anywhere in the country to play. [read post]
7 May 2010, 10:00 pm by Tom Goldstein
” Summary Biography [by Tom Goldstein] Elena Kagan was born on April 28, 1960 in New York. [read post]
1 Sep 2010, 2:59 am
  The House version of the bill costs $8 billion over ten years, but does not yet have sufficient offsets. [read post]
8 Dec 2010, 1:13 pm by admin
The rule does not apply to common areas, such as the roof or the exterior walls of an apartment building. [read post]