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27 Feb 2024, 10:30 am
" 6-ER-973. [read post]
24 Feb 2024, 7:05 pm
The object ere is not to make the argument in favor of one side or the other. [read post]
24 Feb 2024, 2:00 pm
Finally, plaintiff contends that the Orloff court erred in concluding that UNO’s operation was illegal. [read post]
19 Feb 2024, 4:00 am
A two-judge majority then held that the district court properly imposed an injunction against Almagarby regarding future violations of the federal securities laws, but that the district court erred in banning Almagarby from penny stock offerings. [read post]
14 Feb 2024, 1:48 pm
On December 9, 2023, the CPPA signed off on the proposed regulations and advanced them to formal rulemaking. [read post]
13 Feb 2024, 11:53 am
As to the First Amendment retaliation claim, the district court erred in granting summary judgment to the prison defendants. [read post]
8 Feb 2024, 9:53 am
Today's advance release tort law opinion: Silano v. [read post]
7 Feb 2024, 7:45 pm
And in turn, Trump's Monday reply brief advanced several positions about the Sinecure Clause and the Incompatibility Clause; we had developed the same lines of argument in our post on the prior Sunday. [read post]
7 Feb 2024, 2:35 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 2:02 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 4:30 am
(7) Did the Colorado Supreme Court, in ruling in advance on Trump's eligibility, usurp the role of the state legislature under Article II, Section 1 to "direct" the "manner" of selecting Presidential electors? [read post]
6 Feb 2024, 1:39 pm
On appeal, the Delaware Supreme Court reversed the Chancery Court and ruled that it erred in imposing “the notion of reasonableness” (i.e., the “same test as applied to traditional non-compete agreements” with employees). [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
2 Feb 2024, 9:54 am
Today's advance release business law opinion: National Bank Trust v. [read post]
31 Jan 2024, 6:22 am
This blog addresses those questions, which I expand upon in my note, High Caliber, Yet Under Fire: The Case for Deference to ATF Rulemaking.[2] In the note, I explore the primary justifications for the rule of lenity, explain why they do not apply when agencies engage in notice-and-comment rulemaking, and argue that, as an agency with technical expertise in an area that experiences rapid technological advancement and is subject to continual political accountability, the ATF presents… [read post]
30 Jan 2024, 9:02 pm
”[24] The court continued by observing that: [H]ere, the Provision is used by an agency of the federal government to shield itself from public view. [read post]
29 Jan 2024, 6:19 pm
Unless or until this Court abrogates the presumption of paternity in a case where that issue is preserved and fully developed, courts in this Commonwealth shall apply the presumption of paternity in the limited circumstance where its purpose to preserve marriage is advanced. [read post]
28 Jan 2024, 8:49 pm
Early in 2021, overwhelming majorities of both the U.S. [read post]
27 Jan 2024, 7:54 pm
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
26 Jan 2024, 9:57 am
Today’s advance release employment law opinion: Twerdahl v. [read post]
