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5 Feb 2013, 9:00 am by Jason M. Knott
Marcus, January 30, 2013) Sometimes, It Pays To Be A Bad Sport: California Court Finds That Employee Who Deceived Her Employer About Having Signed An Arbitration Agreement Cannot Be Compelled To Arbitrate (Adam L. [read post]
12 Mar 2009, 8:57 pm
A helpful reader let me know that there was a new decision out of the District of Massachusetts finding the federal civil commitment scheme for sex offenders under the Adam Walsh Act was unconstitutional. [read post]
5 Oct 2022, 8:55 am by Lawrence Solum
Andrew Oldham (United States Court of Appeals, Fifth Circuit) & Adam Steene have posted The Ex Parte Young Cause of Action: A Riddle, Wrapped in a Mystery, Inside an Enigma on SSRN. [read post]
4 Mar 2022, 10:07 am by Tom Smith
Biden and NATO do not want to enforce something like this, which would mean full war between nuclear powers. [read post]
3 Jun 2022, 8:55 am by Lawrence Solum
One central implication stressed in the Article is that the legitimacy of constitutions which make weak claims to representation, e.g., constitutions that are imposed by foreign powers, can still be defended on reason-based grounds. [read post]
14 Feb 2017, 5:32 am
The trade-offs between costs and benefits are, however, obscured because the statutory law, in any jurisdiction, does not only mandate the board but also prescribes its powers and duties. [read post]
4 Mar 2009, 10:28 pm
But let's take a look:From Adam Liptak at the New York Times (No Legal Shield in Drug Labeling, Justices Rule): "This narrows the playing field," for implied pre-emption arguments, Mark Herrmann, a corporate defense lawyer in Chicago, said of the decision. [read post]
29 Oct 2010, 7:41 am by Lawrence B. Ebert
As the National Research Council of the National Academies noted, “patents on trivial innovations may confer market power or allow firms to use legal resources aggressively as a competitive weapon without consumer benefit. [read post]
10 Oct 2010, 11:36 am by Orin Kerr
(Orin Kerr) Adam Liptak has an important front-page story in The New York Times about how Supreme Court specialists look for cases to take to the Supreme Court. [read post]
5 Jul 2024, 5:16 am by jonathanturley
Douglas Adams, author of The Hitchhiker’s Guide to the Galaxy, wrote “The President [of the Galaxy] in particular is very much a figurehead—he wields no real power whatsoever. [read post]
21 Apr 2008, 6:25 pm
Ilya Somin added another post at Volokh Conspiracy to the discussion of whether the AWA registration provisions run afoul of the Commerce Clause after Raich:In my earlier post on the federal district court decision striking down a part of the Adam Walsh Act as beyond Congress' powers under the Commerce Clause, I omitted a crucial additional reason why this legislation is valid under the Supreme Court's misguided 2005 decision in Gonzales v. [read post]
3 Mar 2010, 2:50 pm by SOIssues
This year legislators pulled in a little star power and a very serious message. [read post]
2 Dec 2010, 10:35 am by The Legal Blog
As Adam Smith observed: "there is an invisible hand at work to take care of this".As far as American law is concerned, it is said that the Sherman Act, 1890, is the first codification of recognized common law principles of competition law. [read post]
7 Jun 2018, 4:30 pm by INFORRM
Likewise, in PML [2018] EWHC 838, where Nicklin J explained in a public judgment at [14]: There is a powerful (if not overwhelming) case that this Defendant is blackmailing the Claimant. [read post]