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2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
17 Jun 2022, 2:09 pm by admin
” The authors begin their analysis of specific causation with a brief acknowledgement that our legal system could abandon any effort to set standards or require rigorous thinking on the matter by simply leaving the matter to the jury.[9] After all, this laissez-faire approach had been the rule of law for centuries. [read post]
The SEC explained: [W]e believe that NEPA requires and authorizes the Commission to consider the promotion of environmental protection along with other considerations in determining whether to require affirmative disclosures by registrants under the Securities Act and the Securities and Exchange Act . . . . [read post]
16 Jun 2022, 6:13 am by Ryan Goodman
Last month, federal prosecutors reportedly sent grand jury subpoenas to potential witnesses seeking their communications with “any member, employee or agent of Donald J. [read post]
13 Jun 2022, 4:00 am by Howard Friedman
Greely, The Death of Roe and the Future of Ex Vivo Embryos, (J. [read post]
5 Apr 2022, 5:24 pm by Russell Knight
Where a party has not yet filed a federal or state income tax return for the prior calendar year, the last filed year’s return shall be served upon the opposing parties as well as all W-2’s, 1099’s and K-1’s received necessary for preparation of the prior year’s return. [read post]
23 Mar 2022, 1:43 pm by Michael Lowe
The Texas restitution statute provides, in part: In addition to any fine authorized by law, the court that sentences a defendant convicted of an offense may order the defendant to make restitution to any victim of the offense or to the compensation to victims of crime fund established under Subchapter J, Chapter 56B, to the extent that fund has paid compensation to or on behalf of the victim. [read post]
2 Dec 2021, 9:05 am by David Priess
Pence and Flynn, however, got to hear about all the covert action programs on Dec. 7, as DNI-designate Dan Coats and Flynn’s incoming deputy, K. [read post]
1 Dec 2021, 12:13 pm by Unknown
(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code. (2) (A) Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her driver record a valid… [read post]
13 Jul 2021, 10:58 am by Simon Lester
This is a guest post from law professor Michael Trebilcock and lawyer Dan Poliwoda:     THE TRIPS VACCINE WAIVER CONTROVERSY* By Michael Trebilcock Emeritus University Professor of LawUniversity of Toronto     Dan Poliwoda Lawyer, Dickinson Wright LLP University of Toronto (J.D., 2020)    July 12, 2021 *We acknowledge the invaluable research assistance of Daniel Scarpitti, University of Toronto, Faculty of Law, 2L, in preparing these comments. [read post]