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8 Jul 2013, 9:01 pm
In an unpersuasive and at times oddly reasoned opinion, the majority held that mixed-motive theory is not applicable to retaliation claims. [read post]
5 Jul 2013, 5:00 am
[A] product’s compliance with an applicable product safety statute or administrative regulation is properly considered in determining whether the product is defective.Restatement (Third) of Torts, Products Liability §4(b) (1998). [read post]
3 Jul 2013, 5:00 am
Ohio 2009), which distinguished Levine and held a claim that a drug was “‘unreasonably dangerous . [read post]
28 Jun 2013, 11:04 am
Fitz was upset by the letter, feeling Nassar publicly humiliated Levine. [read post]
28 Jun 2013, 4:02 am
Levine, that Dr. [read post]
25 Jun 2013, 1:32 pm
Levine. [read post]
24 Jun 2013, 5:25 pm
The University must prove that the means it chose to attain diversity are narrowly tailored to its goal and that admissions processes “ensure that each applicant is evaluated as an individual and not in a way that makes an applicant’s race or ethnicity the defining feature of his or her application. [read post]
24 Jun 2013, 12:50 pm
“[T]he manufacturer is prohibited from making any major changes to the “qualitative or quantitative formulation of the drug product, including active ingredients, or in the specifications provided in the approved application. [read post]
22 Jun 2013, 7:02 am
We are very pleased to announce Lawfare‘s first e-book, Lawfare on the National Defense Authorization Acts, which is now available in Kindle format on Amazon for $4.99. [read post]
20 Jun 2013, 5:00 am
Justice Kennedy was silent.We can tell from Hillman that any broad application of the presumption against preemption (in implied preemption cases, anyway) remains problematic. [read post]
4 Jun 2013, 8:14 am
Levine (WUSTL). [read post]
26 May 2013, 3:05 am
Malmo-Levine, 2003 SCC 74. [read post]
23 May 2013, 5:00 am
Levine, 555 U.S. 555 (2009), preemption arguments are swimming upstream. [read post]
20 May 2013, 1:39 pm
The hearing focused on allegations that the IRS improperly targeted certain applications for tax-exempt status based on keywords and politically charged language. [read post]
19 May 2013, 10:26 pm
As Stuart Levine commented on an earlier posting here, An organization seeking to qualify under 501(c)(4) does not need a determination letter. [read post]
18 Mar 2013, 12:35 pm
Plus, I spent time in my book on § 1983 litigation discussing Levin as the appropriate application of Fitzgerald to other civil rights laws. [read post]
15 Mar 2013, 4:41 am
The Inter Tribal Council of Arizona, Inc., in which the Court will consider whether the National Voter Registration Act preempts an Arizona law requiring applicants for voter registration in federal elections to prove their citizenship beyond the requirements already enumerated in the Act. [read post]
3 Feb 2013, 7:43 am
The Texas Public Policy Foundation's Marc Levin had an op ed in the Austin Statesman titled "Lawmakers must continue criminal justice reforms." [read post]
24 Jan 2013, 6:51 am
Among other things, the plan calls for members with links to institutions that could benefit from CIRM awards to voluntarily refrain from voting on any applications for funding – not just those to their institutions. [read post]
15 Jan 2013, 6:37 am
In Levin v. [read post]
