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9 Jul 2020, 6:58 am by Jack Goldsmith, Nathaniel Sobel
The bottom line is that (1) the probe as it developed is not one that should have been conducted by a federal prosecutor conducting a criminal investigation, and (2) Barr’s tendentious running commentary on the investigation violates Justice Department rules, politicized the investigation and damaged the credibility of whatever Durham uncovers. [read post]
3 Jul 2008, 11:09 pm
#1- Franklin's tough ordinance is constitutional.#2- Other ordinances in other communities are safely in place.#3- Other municipalities considering adopting such ordinances can safely move forward.#4-Does Hanke have to move? [read post]
2 May 2009, 7:51 am
It does not drive religious persons to the margins of politics. [read post]
21 Jun 2011, 12:40 pm by John Elwood
 (2)  Whether United States v. [read post]
7 Sep 2007, 2:10 pm
A few points about the case warrant mention and raise other issues.1. [read post]
16 Dec 2006, 5:46 am
John Fisher and if he continues to run like that against Whitewater in the finals, Mount Union will win going away.2. [read post]
5 Nov 2009, 7:40 pm by Maxwell Kennerly
Briefly, the Oakmark complex of mutual funds "hired" Harris Associates as investment advisers, paying Harris 1% (per year) of the first $2 billion of the fund’s assets, 0.9% of the next $1 billion, 0.8% of the next $2 billion, and 0.75% of anything over $5 billion. [read post]
12 Jul 2017, 7:40 am by Josh Blackman
Holder: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. [read post]
17 Feb 2009, 11:05 pm
Indeed, the Bush Administration gave John Yoo a post in OLC precisely because it believed that he would decide questions the way it liked. [read post]
12 Sep 2010, 8:10 pm by Steve Bainbridge
"[2] The reference to a "rational business purpose," properly understood, does not contemplate substantive review of the decision's merits. [read post]
15 Jan 2019, 1:24 pm by Ronald Mann
Gorsuch explains that the provisions of the act obligating courts to stay litigation and compel arbitration (Sections 3 and 4) apply only if the dispute is one to which the act applies under Sections 1 and 2. [read post]
6 May 2022, 6:10 am by Noah J. Phillips
And while the FTC Act enables the agency some authority to prohibit conduct outside the scope of the Sherman Act,[34] it does not do away with consideration of justifications or benefits when determining whether a practice is an “unfair method of competition. [read post]
9 Nov 2015, 7:09 am
  The second, more permissive, definition eschews actual awareness, but still demands a “high degree” of risk: “(2) where the ‘actor has such knowledge, or reason to know, of the facts, but does not realize or appreciate the high degree of risk involved, although a reasonable man in his position would do so. [read post]
28 Jan 2014, 11:18 am by Dennis Crouch
A 10 or 20 percent difference does not change this conclusion. [read post]