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23 Jun 2022, 12:27 pm
Here is my very tentative summary of what appears to me on first read, based on Justice Thomas's majority opinion (joined by Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh, and Barrett) plus a bit from Justice Kavanaugh's concurrence, joined by Chief Justice Roberts: [1.] [read post]
20 Jun 2022, 9:01 pm
It may also be prudent for employers to consider updating arbitration agreements to provide for application of a state arbitratio [read post]
26 Oct 2022, 1:06 pm
Harvard receives over 35,000 applications for 1,600 spaces in its freshman class. [read post]
13 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumRichard Fallon Although I have never before written anything for inclusion in a blog, I am pleased by this opportunity to celebrate Balkinizationfor its remarkable contributions over the past twenty years. [read post]
1 May 2021, 7:19 am
It's true that Apple extended the scope of applicability of the 30% commission (the Small Business Program just came recently for antitrust reasons and has nothing to do with market dynamics whatsoever) to other types of payments, as the testimony in this case confirms. [read post]
18 Jan 2024, 11:11 pm
[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]
16 Jul 2023, 9:01 pm
This past Term also produced a pair of decisions addressing the presumption against extraterritorial application of federal statutes, a doctrine which continues to provide an often powerful defense for corporations confronting federal claims. [read post]
1 Jul 2024, 6:26 am
This post summarizes Rahimi, considers whether the case amounts to a retreat from Bruen, and addresses Rahimi’s applicability to North Carolina DVPOs. [read post]
28 Feb 2022, 9:04 pm
Ramirez is only one of many inmates whose rights hang in the balance as the Court assesses RLUIPA’s application to Texas law. [read post]
2 Jun 2023, 9:59 am
Federal labor law normally precludes any application of state law to labor activity under a doctrine called “Garmon preemption. [read post]
15 Jun 2021, 7:36 am
Courts have struggled to answer these questions, leaving us with a doctrine that is most uncertain in its scope and application. [read post]
4 Mar 2010, 7:20 pm
For example, the Ninety Five Years blog comments that LegalZoom claims that a lawyer would charge $780 for a copyright application - which is highly unlikely. [read post]
15 Jan 2022, 7:36 am
Under applicable precedent, if the statute makes the 30-day time limit jurisdictional, then equitable-tolling claims are barred. [read post]
27 Jan 2014, 9:11 pm
The Seventh Circuit held that, because the applicable CBA did not require compensation for donning and doffing activities, U.S. [read post]
30 Mar 2022, 11:23 am
Justice Amy Coney Barrett is recused, putting in play the possibility of a four-to-four division. [read post]
12 Jul 2023, 5:09 am
Granted, control of the docket is a prize won by the right wing when the Senate affirmed Justice Amy Coney Barrett to take a supermarjority of the Nine. [read post]
28 Jun 2022, 7:15 am
’” The court ruled for the doctors, with Breyer writing for six justices, and Justice Samuel Alito concurring in the judgment on behalf of himself, Justice Clarence Thomas and, in part, Justice Amy Coney Barrett. [read post]
1 Jul 2019, 10:14 am
Citing the California Supreme Court’s Barrett case as controlling precedent, the court stated that the CDA “forbids the imposition of publisher liability on a service provider for the exercise of its editorial and self-regulatory functions. [read post]
12 Jan 2023, 8:14 am
Justice Barrett asked whether one approach might be for the Court to simply “say nothing,” uphold the “primary purpose” test, but not elaborate further. [read post]
14 Jun 2022, 6:58 pm
He was joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]
