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If that view had gained a majority, it would have effectively overruled the 50-year-old balancing test in dormant Commerce Clause cases that was first set out in Pike v. [read post]
15 May 2023, 10:57 am by Bryan West
To wit, the following passage from Caglar v Moore, 2005 CanLII 39871 (ONSC), which the Court quoted: Where there exists a contract under which parties are governed, and one party gains by a breach of the same, that party is not truly enriched, because the breaching party takes that gain subject to its liability for breach of contract. [read post]
14 May 2023, 6:56 pm
The benefits gained from these investments are coupled with the willingness of Latin American countries to accept loans worth tens of billions of dollars from China. [read post]
14 May 2023, 6:00 am by Guest Blogger
By also excluding women from suffrage, gainful occupations, property ownership, parental authority, and the right to refuse sex, legal patriarchy established an infrastructure by which society could perpetuate itself, through childbearing, childrearing, and economic provision for those who spent their time on these demanding reproductive functions. [read post]
11 May 2023, 4:00 am by John Willinsky
But then at some point, as you and others are fooled by human v. [read post]
10 May 2023, 4:28 am by Cari Rincker
Under federal tax law, a capital gain occurs if property is sold or exchanged for more than its original price. [read post]
7 May 2023, 9:30 pm by Public Employment Law Press
"A petitioner who does not 'appeal[ ] the denial in writing' will generally be deemed to have 'failed to exhaust its administrative remedies and, thus, [may] not resort to a judicial forum to gain relief' (Matter of Bradhurst Site Constr. [read post]
7 May 2023, 9:30 pm by Public Employment Law Press
"A petitioner who does not 'appeal[ ] the denial in writing' will generally be deemed to have 'failed to exhaust its administrative remedies and, thus, [may] not resort to a judicial forum to gain relief' (Matter of Bradhurst Site Constr. [read post]
7 May 2023, 9:05 pm by renholding
Though most of the action has occurred in Europe, ESG is gaining significance in the United States as well. [read post]
7 May 2023, 11:43 am by Bill Marler
Onions were distributed to wholesalers, restaurants, and retail stores in all 50 states and the District of Columbia. [read post]
7 May 2023, 6:00 am by Lawrence Solum
The ratification debates and Federalist Papers can be supplemented by evidence of ordinary usage and by the constructions placed on the Constitution by the political branches and the states in the early years after its adoption. [read post]
4 May 2023, 9:05 pm by renholding
Attorney General William Barr stated in the Wall Street Journal that the belief that ESG factors are material to profitability “appears to rest more on hope than fact. [read post]
4 May 2023, 4:00 am by Eric Segall
 By Eric SegallTwenty years ago, Justice Sandra Day O'Connor wrote the following in Grutter v. [read post]