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19 Jul 2023, 9:05 pm by renholding
The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023,[1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation.[2] Much less attention has gone to two bills that are moving toward adoption in California. [read post]
19 Jul 2023, 9:05 pm by Katherine Shaw
The Court then invoked its increasingly familiar “major questions doctrine” which, as the Court explained in West Virginia v. [read post]
18 Jul 2023, 8:39 pm by Jon Katz
The Supreme Court has greenlighted them permission to shine their powerful flashlights to illuminate your car's interior, in their search for possibly a more serious catch than merely writing an infraction ticket. [read post]
18 Jul 2023, 11:39 am by Christopher J. Walker
The casebook includes sufficient material to support an advanced administrative law course taught to students with previous exposure to the regulatory state.The new edition incorporates new developments through the Supreme Court’s 2021-22 term, including excerpts from United States v. [read post]
18 Jul 2023, 7:37 am by Phil Dixon
Concluding, the court observed: “Because this matter does not fit within the precise confines of the Supreme Court’s Bivens cases, we must adhere to the Supreme Court’s direction and affirm the district court’s grant of Defendant’s motion to dismiss. [read post]
17 Jul 2023, 1:45 pm by Cynthia Marcotte Stamer
  Mallory only worked for Norfolk in Ohio and Virginia, was a Virginia resident at the time of the suit, and only briefly lived in Pennsylvania after leaving Norfolk’s employment before returning to live in Virginia. [read post]
14 Jul 2023, 5:15 pm by Lee E. Berlik
When suing someone for a tort arising under state law (e.g., defamation, emotional distress, fraud, etc.), you might consider that Virginia state-court judges will generally be more familiar with Virginia Supreme Court precedent on these issues than federal-court judges. [read post]
14 Jul 2023, 3:26 pm by Jon Katz
Virginia courts are not fully fair, if for no other reason than that the Supreme Court has for years not put enough teeth into such criminal defendant-oriented Constitutional amendments as the Fifth Amendment right to remain silent, the Sixth Amendment right to challenge adverse out of court statements by others, and the Fourth Amendment right limiting police searches, seizures and arrests. [read post]
The Supreme Court of Canada dismissed an application for leave Thursday in the case of Gwendolyn Louise Deegan v. [read post]
12 Jul 2023, 9:05 pm by Monika U. Ehrman
” In 1985, the Supreme Court upheld this approach in U.S. v. [read post]
12 Jul 2023, 10:17 am by Christine Corcos
In several recent cases, however, an emerging Supreme Court majority has applied increasingly rigorous scrutiny to government regulations predicated upon public health, most notably where they intersect with the exercise of religion, but also in the area of property rights and separation of powers. [read post]
12 Jul 2023, 10:17 am
In several recent cases, however, an emerging Supreme Court majority has applied increasingly rigorous scrutiny to government regulations predicated upon public health, most notably where they intersect with the exercise of religion, but also in the area of property rights and separation of powers. [read post]
11 Jul 2023, 9:14 am by Unknown
Front and center is Bittrex’s argument that the SEC lacks “clear congressional authorization” under the major questions doctrine set out by the Supreme Court in West Virginia v. [read post]
9 Jul 2023, 9:04 pm by Series of Essays
Supreme Court addressed a series of significant regulatory decisions throughout its recently completed 2022-2023 term. [read post]