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14 Dec 2011, 6:24 am by Josh Sturtevant
It is also not clear how he thinks, as a practical politicalĀ matter, that responsibility for insurance contracts and gambling could be shifted to the realm of the commodities world, but perhapsĀ I quibble. [read post]
22 Dec 2022, 5:57 am by INFORRM
The Bill creates this kind of illegality (if it be such) in a novel way: an online post would be filtered or removed by a platform because it is required to do so by virtue of a preventative or reactive duty of care articulated in the Bill. [read post]
12 Oct 2020, 6:05 am by Ilya Somin
For everyone else, what matters is the severability issue, which will determine the future of the rest of Obamacare. [read post]
29 Mar 2024, 8:22 am by admin
See also AdCom, Minutes of Meeting at 4 (Nov. 13, 2020) (“[F]ederal cases . . . revealed a pervasive problem with courts discussing expert admissibility requirements as matters of weight. [read post]
1 Jun 2009, 9:00 pm
More than four years later, Savvis is being pulled into court in a novel suit that legal experts say could force increased scrutiny on largely self-regulated credit card security practices. [read post]
20 Jul 2007, 8:52 am
Investor support remained high for proposals that ask companies to eliminate supermajority requirements to approve bylaw changes and other matters. [read post]
11 Feb 2020, 7:00 am by Adam White
If the court affirms the CFPB’s novel combination of single-leader structure, for-cause removal protection and immense substantive policymaking power, then its affirmance will mark the final repudiation of Humphrey’s Executor. [read post]
23 Mar 2020, 1:48 pm by Kevin LaCroix
Moreover, as a practical matter, with respect to historical practices and disclosures, it would seem difficult to plausibly allege that a particular director or officer had prior knowledge about, or reasonable anticipation of, the COVID-19 pandemic, given how quickly this has developed since January 2020. [read post]
3 May 2010, 1:29 pm by Tamara Relis
Although the research utilizes one particular dispute-type for methodological consistency, the matters explored relate to generic issues inherent in the legal processing of cases. [read post]
4 Jan 2012, 7:45 am by John Elwood
  I recognize that this is a novel and difficult question of constitutional law, with very few relevant judicial precedents, and there are arguments for both positions. [read post]
7 Dec 2011, 8:09 pm by Beth Simone Noveck
Too Costly: Finally, are these techniques too novel for government? [read post]
17 Jun 2012, 3:52 pm by Stephen Jenei
He has wide experience in all aspects of patent prosecution, interference, litigation, and client counseling on validity, infringement, and patenting strategy matters. [read post]
29 Dec 2008, 9:00 pm
Ohio 2008) (good on a couple of less common preemption points (black box & too dangerous to be sold); also adequacy as a matter of law under Ohio statute); (17) Bailey v. [read post]
10 Jul 2020, 11:40 am by Josh Blackman
The Office of Legal Counsel observed “there is no indication that Chief Justice Marshall took any further steps in the matter. [read post]
16 May 2023, 5:32 am by Eugene Volokh
" In addition, speech on matters of public concern (which includes the prosecution of a criminal offense) "occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection. [read post]
4 Nov 2009, 6:50 pm by David Evans and Josh Wright
As a prefatory matter, his paper is filled with various ad hominem attacks which we will ignore. [read post]
15 Nov 2021, 6:23 am by Leiza Dolghih
”  According to the Court, “[t]he Mandate derives its authority from an old statute employed in a novel manner, imposes nearly $3 billion in compliance costs, involves broad medical considerations that lie outside of OSHA’s core competencies, and purports to definitively resolve one of today’s most hotly debated political issues. [read post]