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15 Jun 2018, 5:01 am by Joanna Schwartz
None of these adjustments strikes qualified immunity to the core, but are small steps that lower courts can take while waiting for the Supreme Court to make things right. [read post]
It is perhaps not a surprise that the Justice Department inspector general’s report on the FBI’s handling of the Clinton email investigation quickly became, for all sides, vindication for the narratives they already believed. [read post]
14 Jun 2018, 2:40 pm by The Sader Law Firm
If a claimant fails to comply with applicable statutory requirements, the mechanic’s lien fails as a matter of law. [read post]
14 Jun 2018, 8:30 am by FM Librarian
News & developments:"The Massive Asylum Changes Jeff Sessions Tucked into the Footnotes," CNN, 13 June 2018 [text]"On the Border, a Discouraging New Message for Asylum Seekers: Wait," New York Times, 12 June 2018 [text]"The Trump Administration is Completely Unravelling the U.S. [read post]
12 Jun 2018, 6:30 am by David Post
It wasn't just that Caps fans had waited a long time - pretty much the whole city had waited a long time. [read post]
11 Jun 2018, 8:38 am by Lawrence B. Ebert
A post-issuance statement regardinga single element of a claimed invention does notestablish invalidity because “[w]e must consider thesubject matter sought to be patented taken as a whole. [read post]
11 Jun 2018, 8:00 am
  We don't get involved in civil matters. [read post]
11 Jun 2018, 7:38 am by Beth Graham
The FAA “establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability. [read post]
11 Jun 2018, 6:20 am by Barry Sookman
The integrity and respect for the Board process is undermined if creators wait years for a tariff to be certified and still can’t get paid. [read post]
10 Jun 2018, 11:12 pm by Giesela Ruehl
The University of Milan-Bicocca – School of Law has issued a call for papers for the Academic Conference “Waiting for Brexit: open issues in the internal market and in the area of freedom, security and justice”. [read post]
10 Jun 2018, 9:01 pm by Joseph Margulies
There is, for instance, the matter of his age. [read post]
10 Jun 2018, 4:23 pm by Giles Peaker
Brief notes on a couple of cases, both, in different ways, approaching the issue of whether a homeless applicant can claim for damages arising from the bad performance of the local authority’s statutory duties. [read post]
8 Jun 2018, 7:20 am by Marty Lederman
  Or before we consider the traditional practice of DOJ to defend the constitutionality of statutes when reasonable arguments are available:  None of the established reasons for deviating from that practice (which I discussed in this post, about why it was not necessarily problematic that Acting Solicitor General John Roberts attacked the constitutionality of statutes in Metro Broadcasting) are remotely applicable here.But it gets worse . . . .The Government’s Implausible… [read post]
SB 820, the “Stand Together Against Non-Disclosure” (STAND) Act, would make void as a matter of law and public policy provisions in settlement agreements, entered into on or after January 1, 2019, that prevent the disclosure of factual information related to cases involving sexual assault, sexual harassment, sex discrimination, and failure to prevent sex-based harassment and discrimination. [read post]
7 Jun 2018, 11:59 am by petrocohen
When you wait to see a doctor, that could affect your ability to recover. [read post]
7 Jun 2018, 9:43 am by Jeffrey Carr
If the water is murky, figuring out where the child is becomes a matter of guesswork. [read post]