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13 Aug 2020, 1:55 am by Kevin Kaufman
Massachusetts’ new sourcing rule is not a convenience rule per se because it uses a different, pandemic-contingent standard: the taxpayer continues to have Massachusetts income tax liability if they worked out of Massachusetts prior to the pandemic and are now working remotely from another state. [read post]
11 Aug 2020, 10:00 am by Jonathan Holbrook
Theory In theory, based on the definitions above, we have clear rules and bright lines to guide us. [read post]
10 Aug 2020, 2:24 am by Schachtman
Three justices, in dissent, would have applied a bright-line bare metal defense, as contended for by petitioners.[4] The majority eschewed both the invariant bare metal defense and the Third Circuit’s infinitely flexible forseeability test, for a “third way. [read post]
4 Aug 2020, 7:48 am
  A bright-blue background, even, for the photographs of the alleged machine gun at issue. [read post]
31 Jul 2020, 12:38 pm by Rebecca Tushnet
Endorsement by Monroe means something v. different from endorsement by ABG but courts have refused to distinguish those things. [read post]
28 Jul 2020, 3:59 pm by Bennett Cyphers
It is extremely difficult for a single law to draw a bright line between what data a user is entitled to and what constitutes an invasion of another’s privacy. [read post]
28 Jul 2020, 9:21 am by familoo
v=F69DQupMiZM (the above is a clip of the Homer moment that I’m thinking of, but my embed function is a bit glitchy so you may need to click and view it on the youtube site to watch). [read post]
25 Jul 2020, 3:44 pm by Andrew Koppelman
Smith for their insightful critiques of my book, Gay Rights v. [read post]
  This is the test used by the Board to decide cases in which it appears that an employer may have had mixed or multiple motives – one lawful and the other unlawful – for taking adverse action against an employee. [read post]
 Comparison was made to Dyson v Hoover [2001] where the skilled person’s thinking was “bag-ridden” to the extent they were “blind” to the idea of using a cyclone instead of a bag, or at least prejudiced against it. [read post]