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10 Dec 2020, 9:01 pm by Austin Sarat
Hope springs eternal.We have seen many such appeals in the weeks since the presidential election. [read post]
Finally, as we noted in Part Four, the choice of remedy itself might also be informed by the ease of the severability analysis that different remedial options present.Treating severability as part of the remedial inquiry holds intuitive appeal. [read post]
7 Dec 2020, 9:01 pm by Austin Sarat
Austin Sarat is Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. [read post]
30 Nov 2020, 10:38 am by Josh Blackman
The article begins: For the last four years, some federal judges postponed retirement plans rather than give President Trump the opportunity to name more conservatives to the nation's powerful appeals courts. . . [read post]
17 Nov 2020, 8:42 am by Lucas Harty
But, after two years as a film major, the thought of moving to LA and working odd jobs to make ends meet until I was discovered as the next Spike Lee lost its appeal. [read post]
17 Nov 2020, 6:41 am by Patricia Hughes
And then there’s Dean Embry, the lawyer representing James Sears, the editor of Your Ward News, who now finds himself as a witness in his former client’s appeal of a conviction for spreading hatred, an appeal based on incompetent lawyering (see the Canadian Press report in the National Post and The Globe and Mail). [read post]
12 Nov 2020, 8:18 pm by Josh Blackman
When she was the Dean of Harvard Law School, she spoke at a Federalist Society event and began with these words. [read post]
12 Nov 2020, 4:36 pm by Michelle Ball, Attorney for Students
  Nothing is mentioned in the UCD policies about increasing the punishment if a student appeals.With UCLA, there is a different, much more restrictive policy for UCLA internal appeals:If the Dean imposes a sanction of Deferred Suspension, Deferred Dismissal, Suspension, or Dismissal, the Student may appeal the sanction, to the Vice Chancellor of Student Affairs, on the grounds that the sanction assigned is substantially disproportionate to the severity of… [read post]
12 Nov 2020, 4:36 pm by Michelle Ball, Attorney for Students
  Nothing is mentioned in the UCD policies about increasing the punishment if a student appeals.With UCLA, there is a different, much more restrictive policy for UCLA internal appeals:If the Dean imposes a sanction of Deferred Suspension, Deferred Dismissal, Suspension, or Dismissal, the Student may appeal the sanction, to the Vice Chancellor of Student Affairs, on the grounds that the sanction assigned is substantially disproportionate to the severity of… [read post]
12 Nov 2020, 8:37 am
"Tuesday's DJ had GMSR's Jeffrey Raskin's article 'Healthy lawyerly paranoia': Federal Appeal Deadlines, about the 9th Cir.'s opinion in Nutrition Distribution LLC v. [read post]
29 Oct 2020, 9:02 pm by Neil H. Buchanan
Would he stoke violence by domestic terrorists who have formed paramilitary groups in support of Trump’s racist appeals? [read post]
On appeal, the Fifth Circuit agreed that the requirement became mandatory after 2017 and was constitutionally invalid in that form, but on the issue of severability it remanded the case to the district court for it to “employ a finer-toothed comb . . . and conduct a more searching inquiry into which provisions of the ACA Congress intended to be inseverable from the mandate” and thus should also be enjoined along with the requirement. [read post]
28 Oct 2020, 4:42 pm by Eugene Volokh
The University amended some of these policies when the case was on appeal, but the court concluded that such "voluntary cessation" of allegedly unconstitutional activity doesn't moot the challenge to the old policies. [read post]
28 Oct 2020, 4:42 pm by Eugene Volokh
The University amended some of these policies when the case was on appeal, but the court concluded that such "voluntary cessation" of allegedly unconstitutional activity doesn't moot the challenge to the old policies. [read post]
27 Oct 2020, 9:01 pm by Michael C. Dorf
One proposal—put forward most forcefully by Duke Law Professor Paul Carrington and the late Cornell Law School Dean Roger Cramton—would fix a Justice’s term at 18 years. [read post]
27 Oct 2020, 12:51 pm by Shoba Sivaprasad Wadhia
Shoba Sivaprasad Wadhia is associate dean for diversity, equity and inclusion and director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park. [read post]
15 Oct 2020, 4:45 am by Tessa Shepperson
Carter (about errors in section 8 notices) Justin Bates on the judicial review proceedings challenging the governments ‘right to rent’ checks scheme Dean Underwood on an important case on strict liability for unlicensed HMOs Justin Bates again on the appeal against the decision in the Trecarrel case on gas safety certificates and section 21, and finally Tessa Buchanan on Tyler v. [read post]