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5 Oct 2017, 5:20 pm by Wolfgang Demino
Some swampy "analysis" from the Washington Times VEGGIE LIBEL PLUShttp://www.washingtontimes.com/news/2017/oct/4/editorial-abuse-by-the-administrative-state/ In its Oct 5, 2017 editorial, the Washington Times serves up diatribe as analysis and uses the private student loan mess -- and the CFPB's efforts to deal with it -- as an occasion to inveigh against "rogue agencies" that "routinely set aside actual duties to feed their own visions of justice. [read post]
24 Jan 2022, 6:04 pm
 Thoughts on "Resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party over the Past Century" [中共中央关于党的百年奋斗重大成就和历史经验的决议(全文)] Larry Catá Backer  pp. 89-100 (Access Here) C. [read post]
6 Mar 2015, 12:53 pm by MOTP
ARBITRABILITY OF HEALTH CARE LIABILITY CLAIMS IN TEXAS: FAA PREEMPTION AND MFA REVERSE PREEMPTION IN THE MED-MAL CONTEXT In an opinion released today, the Texas Supreme Court holds that the federal law that accords states the right to regulate the business of insurance (McCarran-Ferguson Act) does not furnish an exception to the general principle that the FAA (Federal Arbitration Act) preempts the TAA (Texas Arbitration Act) and other state arbitration laws when the two conflict, where the… [read post]
10 Jul 2024, 6:00 am by Public Employment Law Press
In two separate appeals (“Music I” [Appeal No. 21,948] and “Music II” [sic Appeal No. 21,978]), Petitioner challenged decisions by the Board of Education and the School Superintendent [collectively, “Respondents"].Because these appeals arose out of similar facts and circumstances and presented  similar issues of law, they were consolidated for decision by the Commissioner of Education.The Commissioner, holding that Music I must be dismissed,… [read post]
10 Jul 2024, 6:00 am by Public Employment Law Press
In two separate appeals (“Music I” [Appeal No. 21,948] and “Music II” [sic Appeal No. 21,978]), Petitioner challenged decisions by the Board of Education and the School Superintendent [collectively, “Respondents"].Because these appeals arose out of similar facts and circumstances and presented  similar issues of law, they were consolidated for decision by the Commissioner of Education.The Commissioner, holding that Music I must be dismissed,… [read post]
28 Jun 2016, 2:37 pm by Howard Knopf
This suggestion was dismissed by retired Chairman, William Vancise, who noted that, during his tenure, he had not observed any egregious behavior on the part of parties or their counsel and that he could see no reason for a cost award regime. [read post]
14 Jun 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Constitutional Faith and Veneration, convened as part of LevinsonFest 2022. [read post]
7 May 2018, 5:00 am by Shannon Togawa Mercer, Ashley Deeks
“Artificial Intelligence Could Soon Enhance Real-Time Police Surveillance” reads a recent Wall Street Journal headline. [read post]
19 Jun 2015, 10:28 am by Howard Knopf
Figures often beguile me, particularly when I have the arranging of them myself; in which case the remark attributed to Disraeli would often apply with justice and force: "There are three kinds of lies: lies, damned lies and statistics. [read post]
23 Sep 2022, 5:01 am by Jonathan Shaub
Editor's Note: Pursuant to a FOIA settlement, the Knight Institute recently received a set of previously undisclosed OLC memoranda related to executive privilege. [read post]
2 Dec 2017, 1:39 pm by Wolfgang Demino
Here is a pleading template for a post-judgment motion to challenge a default judgment entered in favor of any one of the multiple National Collegiate Student Loan Trusts. [read post]
10 Oct 2024, 6:31 pm
 Pix Credit here I am delighted to circulate a rough discussion draft I have prepared in anticipation of its first presentation at a conference organized by the remarkable Martin Belov, Professor in Constitutional and Comparative Constitutional Law at the University of Sofia ‘St. [read post]
4 Dec 2008, 12:10 pm
Summary of recent Improper Practices decisions by PERB Administrative Law Judges[Source: PERB's Recent Decisions posting on the Internet] RAIMUNDO TORRENCE AND UNITED FEDERATION OF TEACHERS, AFL-CIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. [read post]
2 Mar 2021, 9:40 am by Josh H. Escovedo and Zack Thompson
”8 Similarly, § 1117(c) increases the ceiling on statutory damages to $2 million for willful violations, and § 1118 allows courts to order infringing items to be destroyed if a plaintiff proves any violation of § 1125(a) or a willful violation of § 1125(c). [read post]
1 Dec 2008, 9:18 pm
Goforth, No. 084291 Denial of motion to review a detention order pending sentencing for violations of the Controlled Substances Act is vacated and remanded where: 1) there was no basis for concluding that Congress intended to alter the plain and unambiguous statutory definition of "judicial officer"; 2) the district judges were "judicial officers" within the language of section 3145(c) and 3156(a)(1); and 3) as a "judicial officer", the district judge was… [read post]
17 Dec 2008, 7:16 pm
U.S. 5th Circuit Court of Appeals, December 09, 2008 Williams v. [read post]
Williams, 7 F.Supp. 2d 40, 52 (D.D.C. 1998), vacated in part, United Staes v. [read post]