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28 Aug 2015, 9:35 am
I have my doubts as to this line of doctrine, but it dates back to the 1940s and is clearly well established. [read post]
Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g. [read post]
Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g., Mountain Lion Foundation v. [read post]
Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g., Mountain Lion Foundation v. [read post]
18 Mar 2010, 2:47 pm by Beck, et al.
Delta Air Lines, Inc., 326 F.3d 1183, 1185 (11th Cir. 2003) (“conclusory allegations, unwarranted factual deductions or legal conclusions masquerading as facts will not prevent dismissal”); Dickson v. [read post]
9 Jul 2021, 5:01 am by Eugene Volokh
FCC, which upheld a statute that required cable systems to carry over-the-air broadcasters; and Rumsfeld v. [read post]
27 Dec 2014, 2:19 am by Ben
Blocking orders and the legality of linking were perhaps the big news in Europe; in Australia, Canada and the UK copyright reform and revision were in the air; in the USA Sherlock Holmes, the copyright in performances, APIs, pre-1972 sound recordings and Aereo's mini antennae all stirred up the ether; Kim Dotcom's extended stay in New Zealand kept turning up great nuggets of news; the previously invincible the Pirate Bay seemingly had some serious knock backs,… [read post]
17 Jan 2024, 5:04 am by Guest Author
”  How then is it possible that the Department of Commerce in these cases received Chevron deference given that the modern caselaw on Chevron—in particular, United States v. [read post]
28 Feb 2010, 9:51 am by Victoria Pynchon
  Lucie does it backwards, in heels, while spinning 20 plates in the air. [read post]
24 Nov 2012, 12:38 pm by Schachtman
Kasuga, ed., Indoor Air Quality 5, 6 (Berlin Springer Verlag, [read post]
28 Jun 2021, 9:45 am by Eugene Volokh
[The statute immunizes computer services for "action voluntarily taken in good faith to restrict ... availability of material that the provider ... considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected"—but what exactly does that mean?] [read post]
8 Jan 2024, 2:02 am by INFORRM
Edwards noted that the inclusion of a significant number of new clauses at the House of Commons Report Stage amounted to “substantive new policy that has not been the subject of wider public consultation and has not had the benefit of line-by-line scrutiny. [read post]
7 Oct 2016, 2:40 pm
Guarini Center on Environmental, Energy, and Land Use Law, New York University School of Law—Strategies for Regulating Greenhouse Gas Emissions in Global Supply Chains Margaret Chon, Donald and Lynda Horowitz Professor for the Pursuit of Justice, Seattle University School of Law—Private Goodwill and Public Goods: Brands in Global Value Networks Joshua Simko, Senior Counsel, Supply Chain and Enterprise Contract Management, Nike, Inc. [read post]
6 May 2018, 8:35 pm by Lisa Milam-Perez
She had to wear her hair and her clothing in a manner in keeping with the “Fox look” and was given specific talking points, questions, and on-air responses. [read post]
3 Jul 2012, 11:31 am by Rebecca Tushnet
The available services include air, car, hotel, and dining reservations, event tickets, web conferencing, and package shipping. [read post]