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26 Jan 2023, 4:47 pm
Circuit, and older cases such as the Benzene decision, and argued the doctrine embodies a common sense intuition that Congress does not "hide elephants in mouseholes," and has much in common with other presumptions that are routinely applied in statutory interpretation, such as the presumption against retroactivity. [read post]
9 Feb 2024, 5:25 am
UBS Securities, the Court held that under the whistleblower protection provisions of the Sarbanes-Oxley Act, a whistleblower challenging an employer's adverse employment action must prove that his protected whistleblowing activity was a contributing factor in the employer's unfavorable personnel action, but does not have to prove that the employer acted with "retaliatory intent. [read post]
17 Sep 2020, 11:41 am
" In a separate opinion concurring in the denial of rehearing en banc, Judge Pillard explains that she adheres to the belief that the panel decision was wrong, but does not believe that this case is the proper vehicle for cleaning up the D.C. [read post]
23 Apr 2017, 10:47 am
“If you can’t ask Ann Coulter in a polite way questions which expose the weakness of her arguments, if all you can do is boo, or shut her down, or prevent her from coming, what does that tell the world? [read post]
17 Aug 2020, 4:11 pm
(We are not entirely sure of the number, as the court does not release the vote tally.) [read post]
18 May 2012, 7:45 am
In general, Via Meadia thinks that the “research model” works less well in the humanities and in most social sciences than it does in the natural sciences. [read post]
10 Feb 2021, 9:20 am
Thus far, it does not appear the tactic has been successful. [read post]
15 Feb 2012, 1:59 am
---------------------------James H. [read post]
26 Jun 2018, 8:05 am
That does not mean those officials are free to disregard the Constitution and the rights it proclaims and protects. [read post]
12 Oct 2016, 12:12 pm
To analyze that issue, we follow the history-focused approach long applied by the Supreme Court in separation of powers cases where, as here, the constitutional text alone does not resolve the matter. . . . [read post]
3 Jul 2008, 10:34 am
Although Irizarry holds that Rule 32(h) does not require notice before imposing a variance, there is a distinction, recognized explicitly by the Supremes, between a variance and a departure. [read post]
2 Aug 2009, 3:26 pm
”); Doe v. [read post]
17 Jun 2014, 3:57 am
In Doe v. [read post]
20 Apr 2010, 10:41 pm
[Committee Print]APRIL 19, 2010111TH CONGRESS2D SESSION H. [read post]
19 Aug 2007, 9:57 pm
{[ji.7JLs 0, H/i. [read post]
18 Oct 2020, 11:31 am
Even if a law regulating abortion is unconstitutional in some applications, the law remains facially valid so long as it does not impose an undue burden "in a large fraction of the cases in which [the regulation] is relevant. [read post]
3 Nov 2014, 10:50 am
Does King satisfy both criteria? [read post]
9 May 2024, 3:59 pm
Appellants argue that the district court erred in concluding that FPASA authorizes the minimum wage rule as applied to recreational services permittees because the government does not procure any services from them or supply anything to them. [read post]
17 Aug 2022, 3:10 pm
Nordberg) or otherwise does not apply are thoroughly unconvincing. [read post]
25 Jun 2014, 2:16 pm
Co. at *1 (text added).Holding[H]aving considered the details of Aereo’s practices, we find them highly similar to those of the CATV systems in Fortnightly and Teleprompter. [read post]
