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The post Federal appeals court denies Michael Flynn’s attempt to end case against him appeared first on JURIST - News - Legal News & Commentary. [read post]
1 Sep 2020, 3:30 am by Daniel Shaviro
These suggestions would merit serious consideration as cornerstones of a Biden Administration legislative agenda in January 2021. [read post]
31 Aug 2020, 9:09 pm by Scott McKeown
First, the mandamus petition (here), which may be the first to the finish line. [read post]
31 Aug 2020, 7:32 pm by Jonathan H. Adler
Bork, Neutral Principles and Some First Amendment Problems, 47 IND. [read post]
31 Aug 2020, 3:44 pm by Ryan Munitz and John Bolesta
  The advice memo first cited the general principle that parties to a collective bargaining agreement are not required to bargain over topics that are covered by the CBA and suggested that because the CBA already addressed issues related to leaves of absences and wages, midterm bargaining was not required. [read post]
31 Aug 2020, 2:05 pm by SCOTUStalk
But, almost by definition, when the Supreme Court takes a case, there is no governing precedent, because if there was a direct, on point, you know, governing precedent as a general matter, it should be a summary reversal or not a case that they’re hearing on the merits. [read post]
31 Aug 2020, 4:00 am by Joshua Sealy-Harrington
Expertise My first reason for declining the debate is relevant expertise. [read post]
[iii] The auditor will send notice to the other party and set a time for a hearing before the county board of supervisors to determine the merits of the application. [read post]
28 Aug 2020, 10:45 pm by Josh Blackman
The first trial, in March of 1874 in New Orleans, featured an eloquent and capable Beckwith doing battle against an all-star team of white-supremacist trial attorneys. [read post]
28 Aug 2020, 1:13 pm by Richard Altieri, Benjamin Della Rocca
In other words, while the litigation faces an uphill battle on the merits, TikTok may be hoping the suit buys it time to get a better shake from a different president. [read post]
27 Aug 2020, 9:32 pm by Richard Hunt
For an ADA defendant a lawsuit is a lose/lose proposition and so most settle quickly, often regardless of merit. [read post]
27 Aug 2020, 2:59 pm by Eugene Volokh
The Connecticut Supreme Court has had some interesting debates in past years about the First Amendment "fighting words" exception (e.g., State v. [read post]
27 Aug 2020, 2:35 pm
  Just not what normally happens.Then the California Supreme Court decides to review the opinion on the merits on its own motion. [read post]
27 Aug 2020, 12:22 pm by Eugene Volokh
Post, Cultural Heterogeneity and Law: Pornography, Blasphemy, and the First Amendment, 76 Calif. [read post]