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19 Oct 2017, 9:01 pm by Vikram David Amar
  Indeed, resolving matters once and for all for the whole nation is a power we invest principally in the Supreme Court, and not any lower courts.It is for that reason that conventional doctrine often says something like: “injunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the [actual] plaintiffs. [read post]
18 Oct 2017, 9:01 pm by Neil H. Buchanan
First, it means that the surges in gun purchases that we see after a highly publicized shooting event must be a matter of current gun owners buying still more guns. [read post]
12 Oct 2017, 12:00 pm by Ganesh Sitaraman, Ingrid Wuerth
Curtiss-Wright, government lawyers have regularly made exceptionalist arguments. [read post]
12 Oct 2017, 9:05 am by Porter Wright
The decision to arbitrate after a dispute has occurred is clearer at this point because the matters in dispute are known. [read post]
10 Oct 2017, 2:58 am by Wolfgang Demino
 When the State’s highest court ponders the weighty matter of whether a contract is required to entitle an attorney to an enforceable fee, and how the reasonableness of the fees is to be measured and determined, the average Lone State denizen’s interest are very much at stake too. [read post]
9 Oct 2017, 12:29 pm by Mark Theodore
 Under Wright Line, the General Counsel must establish that a substantial or motivating factor in the employer’s action against the employee was the employee’s protected or union activity. [read post]
9 Oct 2017, 12:29 pm by Mark Theodore
 Under Wright Line, the General Counsel must establish that a substantial or motivating factor in the employer’s action against the employee was the employee’s protected or union activity. [read post]
8 Oct 2017, 10:12 am by Wolfgang Demino
The crux of the matter is that a contingent fee agreement must be in writing and signed by both parties, and there was no such agreement between Hill and his former attorney. [read post]
With all the discussion these days over what public universities and municipalities can and should be doing to handle large, raucous rallies and protests without sacrificing public health and safety, one topic that has been mentioned but not often thoroughly analyzed is what the rules are, or ought to be, when a boisterous and angry crowd “shouts down” a speaker. [read post]
23 Sep 2017, 1:37 pm by Georgialee Lang
What is more, clients will not be well served by personal incivility in contentious matters. [read post]
Phillips makes under the free speech clause is straightforward: he feels that he expresses himself through the custom cakes he creates, and that he would be impermissibly compelled to express himself in ways he disagrees with if he were forced (by virtue of Colorado’s anti-discrimination law) to create cakes for same-sex weddings.As a doctrinal matter, his claim ostensibly implicates the First Amendment’s concern over “compelled speech. [read post]
15 Sep 2017, 5:05 pm
”According to at least some experts on our subject matter, the Sanskrit grammarians and Indic philosophical schools have nothing to contribute to either the “philosophy of linguistics” or the “philosophy of language” (see too Bob Hale and Crispin Wright, eds. [read post]
7 Sep 2017, 9:01 pm by Vikram David Amar
In my last column, I began analyzing a recent plan by Silicon Valley billionaire investor Tim Draper to break up California into three separate states stemming from his view that “California’s diverse population and economies [have] rendered the state nearly ungovernable. [read post]
6 Sep 2017, 2:51 pm by Steven Boutwell
By Tokesha Collins-Wright On September 1, 2017, the Louisiana Department of Environmental Quality (“LDEQ”) updated the emergency order that was issued by the Governor of Louisiana on Thursday, August 24, 2017. [read post]
6 Sep 2017, 2:51 pm by Steven Boutwell
By Tokesha Collins-Wright On September 1, 2017, the Louisiana Department of Environmental Quality (“LDEQ”) updated the emergency order that was issued by the Governor of Louisiana on Thursday, August 24, 2017. [read post]