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  Because the defendants showed that the amount in controversy exceeded $5 million by a legal certainty, the District Court denied the plaintiff’s motion for remand. [read post]
7 Aug 2014, 3:42 pm by Rebecca Tushnet
  It’s a messy fit when there’s no alteration in content. [read post]
7 Aug 2014, 12:21 pm by Rebecca Tushnet
Even in early TM opinions, see courts troubled by uses w/no explanation or justification but to take advantage of another’s reputation. [read post]
7 Aug 2014, 11:45 am by Cynthia L. Hackerott
Covered employers would submit the following three pieces of information: (1) the total number of workers within a specific EEO-1 job category by race, ethnicity and sex; (2) total W-2 wages defined as the total individual W-2 wages for all workers in the job category by race, ethnicity and sex; and (3) total hours worked, defined as the number of hours worked by all employees in the job category by race, ethnicity and sex. [read post]
7 Aug 2014, 9:44 am by Rebecca Tushnet
Issues: relevance of luck, desert w/r/t inherited endowments; responsibility of individuals for historical injustices from which they benefit but which they did not cause; moral responsibility for future generations; duties of one moral agent to another; whether and how aggregation of individual needs, values, and preferences ought to be carried out.When we argue over desirability of IP v. alternative frameworks, these deeper normative/philosophical questions are what… [read post]
7 Aug 2014, 9:27 am by Joel Griswold
The Equal Pay Report would require employers to disclose: (1) total number of workers within a specific EEO-1 job category by race, ethnicity, and sex; (2) total W-2 earnings defined as the total individual W-2 earnings for all workers in the job category by race, ethnicity, and sex; and (3) total hours worked defined as the total number of hours worked for all workers in the job category by race, ethnicity, and sex. [read post]
6 Aug 2014, 1:42 pm by Federal Employment Law Insider
In addition, Fortney & Scott attorneys maintain the use of W-2 information will inevitably yield data skewed by occasional, individual aberrations that aren’t reflective of a general compensation system. [read post]
6 Aug 2014, 12:33 pm by Elim
& Shaw, Byron 2013 Link Constitutional Law, Third Edition Monahan, Patrick J. 2006 Link Copyright Law Vaver, David 2000 Link Counsel for the Defence: The Bernard Cohn Memorial Lectures in Criminal Law Greenspan, Edward L. 2005 Link Courts, Litigants and the Digital Age : Law, Ethics and Practice Eltis, Karen 2012 Link Criminal Law, Fifth Edition Roach, Kent 2012 Link Criminal Law, Fourth Edition Roach, Kent 2009 Link Criminal Procedure, Second Edition Coughlan, Steve 2012 Link Criminal Procedure… [read post]
6 Aug 2014, 7:09 am by Joy Waltemath
As an initial matter, the court addressed a motion to dismiss by a corporate officer and individual defendant who asserted that the employees failed to adequately allege that he was an “employer” under the FLSA and NYLL, individually liable for the alleged violations. [read post]
5 Aug 2014, 9:01 pm by Sherry F. Colb
In the dissent’s words, “[w]hen it comes to Paroline’s crime—possession of two of Amy’s images—it is not possible to do anything more than pick an arbitrary number for that ‘amount. [read post]
5 Aug 2014, 3:10 pm by Sabrina I. Pacifici
”  The classified documents were prepared by the National Counterterrorism Center, the lead agency for tracking individuals with suspected links to international terrorism. [read post]
4 Aug 2014, 5:53 am
Brosseau explained only that, `[w]e were receiving information with the cell tower information, what that cell tower is currently on’ and that, as a general matter, `the cell phone provider . . . send[s] us data regarding a certain number . . . [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
Justice Alito ultimately finds it “unnecessary to adjudicate this issue [because] [w]e will assume that the interest in guaranteeing cost-free access . . . is compelling. [read post]
31 Jul 2014, 1:12 pm
  Since causation was an individualized issue that could defeat aggregated litigation, they created an impossible ID problem by skipping over the manufacturers of lead paint (some of whom might have been identifiable in building maintenance records) and sued only the bulk suppliers of lead paint pigment.In Thomas v. [read post]