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3 Jul 2019, 6:56 am by MBettman
Union, 2004-Ohio-5770 (Termination of employment is a matter that arises out of the employment relationship.) [read post]
3 Jul 2019, 4:54 am by Scott R. Anderson
The 2002 AUMF, meanwhile, was adopted in the lead-up to the 2003 invasion of Iraq and authorizes the use of military force to enforce certain Iraq-related U.N. [read post]
2 Jul 2019, 1:27 pm by Kevin Kaufman
What matters, for purpose of the throwback rule, is not that Wyoming does tax a company, but that, from a federal perspective, it could—that it has the legal authority to do so. [read post]
2 Jul 2019, 10:17 am by Mayela Celis
The working method adopted was to depart from the provisions of the Choice of Court Convention only where there was good reason to do so. [read post]
2 Jul 2019, 6:00 am by Kevin Kaufman
Three states impose throwout rules for sales of tangible property, under which “nowhere income” is subtracted from the denominator, while 22 states have adopted throwout rules for sales of intangible property. [read post]
2 Jul 2019, 5:38 am by John Mikhail
  But it could adopt techniques for reading that text differently—translations. [read post]
2 Jul 2019, 4:51 am
Naturally, in terms of what it wishes to achieve, morality is also normative and prospective, in the sense that that set of rules also has the ambition of inducing and maintaining certain behaviour. [read post]
2 Jul 2019, 1:18 am by Kevin LaCroix
  I’ve always thought that a D&O policy operates, as a practical matter, on a 20-20-60 rule: 20% of matters definitely are covered, 20% definitely aren’t covered, and the remaining 60% may or may not be covered based on the unique circumstances of a claim scenario, and are therefore most often negotiated aspects of the policy. [read post]
1 Jul 2019, 8:23 pm by Orin Kerr
  And to make matters more complicated, there are different kinds of tests that could be administered. [read post]
1 Jul 2019, 3:24 pm by Eugene Volokh
Use of Pseudonymous Caption Preliminarily, this Court must address plaintiffs' unilateral adoption of a caption that does not state their names. [read post]
1 Jul 2019, 8:59 am by Kevin Goldberg
” The Argus Leader also argued that the Court should adopt the “substantial competitive harm” requirement as a matter of policy to comport with the usual narrow construction of FOIA exemptions. [read post]
1 Jul 2019, 6:23 am by Dan Bressler
” “‘A lawyer advising a client to adopt an illegal or unenforceable term, who knows or should have known about its unenforceability, would seem to be in violation of Rule 8.4(c) prohibiting conduct involving dishonesty, deception, and fraud,’ the letter states. [read post]
30 Jun 2019, 9:05 pm by Jeremy Graboyes
Pierce offers one solution: adopt the rule of Daubert v. [read post]
30 Jun 2019, 8:24 pm by Omar Ha-Redeye
” On September 20, 1917, Parliament adopted not one, but two election acts, though Borden had to use closure to push them through. [read post]
30 Jun 2019, 4:07 pm by INFORRM
The Guardian had a piece “The Trump rule? [read post]
28 Jun 2019, 1:38 pm by Ken Klukowski
There, Justice Samuel Alito noted in his dissent the Administrative Procedure Act’s exemption from judicial review of matters “committed to agency discretion by law. [read post]
28 Jun 2019, 11:18 am by Ilya Somin
But matters are different if the addition of a given question is likely to reduce the accuracy of the count. [read post]
27 Jun 2019, 2:00 pm by Rick Pildes
  After identifying this tension between more formalist and realist views of other institutions, I wanted to make three main claims about that tension:  (1) when we look at actual judicial practice, across all the central areas of public law, we see that courts sometimes adopt more formalist approaches and sometimes more realist ones – this is true regarding judicial review of the actions of state courts, state legislatures, Congress, federal agencies, or the… [read post]