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1 Apr 2019, 12:45 pm by Eugene Volokh
And free-exercise doctrine makes it clear that the test for substantial burden does not ask whether the claimant has correctly interpreted his religious obligations. [read post]
1 Apr 2019, 12:45 pm by Eugene Volokh
And free-exercise doctrine makes it clear that the test for substantial burden does not ask whether the claimant has correctly interpreted his religious obligations. [read post]
1 Apr 2019, 10:43 am by Rebecca Tushnet
  Although Central Hudson excludes false/misleading commercial speech from any First Amendment protection, the court nonetheless ran through the remaining three part test for nonmisleading commercial speech. [read post]
1 Apr 2019, 6:04 am
It is important to note that the test varies (in some cases fairly significantly) from circuit to circuit. [read post]
1 Apr 2019, 3:39 am by Andrew Abramowitz
., has now filed suit in the Southern District of New York against the SEC, seeking a declaratory judgment to the effect that broker-dealer registration is not required for the plaintiff and similar companies acting as a finder on behalf of private companies. [read post]
29 Mar 2019, 2:49 pm by Anthony Zaller
” Id. at 572-573. 5) The Dynamex ABC test only applies to wage-order claims, and the Borello test applies to all other claims. [read post]
29 Mar 2019, 7:13 am by Steven Cohen
  In addition, the court opines that Sero never tested his theories on similar components and he does not adequately explain why this testing could not be done. [read post]
29 Mar 2019, 5:23 am by SHG
In Copeland, the Second Circuit found against the plaintiffs after applying the facial vagueness standard to the gravity knife statute. [read post]
28 Mar 2019, 12:56 pm by Neil Siegel
” The Solicitor General and counsel for the plaintiffs had urged the Court to adopt a deferential approach. [read post]