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21 Feb 2018, 9:01 pm by Neil H. Buchanan
Even so, that court concluded (quite reasonably) that all provincial laws in Manitoba were not immediately null and void until they were re-enacted properly.Dorf invokes these examples to show tha [read post]
1 Jun 2015, 5:38 am
If you’re interested, you can find the briefs here, but let me quote my students’ and my amicus brief in the case, filed through the UCLA Scott & Cyan Banister First Amendment Clinic, on behalf of Profs. [read post]
“Common Sense” Exemption – Under the Final Text, the “general rule” that an activity is exempt from CEQA if there is no possibility that activity may have a significant effect on the environment is now referred to as the “common sense” exemption to match the language used by the California Supreme Court.[12] <Judicial Remedies – Relying on several CEQA cases,[13] the Final Text emphasizes that courts have the equitable discretion to void only parts… [read post]
19 Mar 2019, 4:28 pm by Cynthia Marcotte Stamer
Water Works and Sewer Bd. of City of Birmingham, 239 F.3d 1199, 1204 (11th Cir. 2001) (noting that the employer may not “choose whether an employee’s FMLA-qualifying absence” is protected or unprotected by the FMLA). [read post]
1 Oct 2015, 11:53 am by David M. Goldman
There was a recent appeal by a creditor who claimed they were known or an ascertainable creditor and did not actual  notice to creditors (40 Fla. [read post]
20 Jan 2021, 9:00 am by Josh Blackman
Accounting Oversight Bd. (2010), Chief Justice Roberts observed that "[t]he people do not vote for the 'Officers of the United States.'" Rather, "officers of the United States" are appointed exclusively pursuant to Article II, Section 2 procedures. [read post]
23 Jun 2014, 12:57 pm by Schachtman
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P­­­_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
9 Apr 2024, 2:41 pm by vforberger
” In re Lowry, 138 N.Y.S.3d at 241-2. [read post]
16 Mar 2020, 6:43 am by Kevin Kaufman
Key Findings The Maryland General Assembly is on the verge of adopting a vaguely worded, legally dubious tax on digital advertising in the final days of this session—now paired with new tobacco taxes. [read post]
2 Jan 2018, 3:12 am by Marty Lederman
Circuit says that the SEC ALJs are employees for Appointments Clause purposes, whereas the Court of Appeals for the Tenth Circuit says they’re “Officers. [read post]
2 Jan 2018, 3:12 am by Marty Lederman
Circuit says that the SEC ALJs are employees for Appointments Clause purposes, whereas the Court of Appeals for the Tenth Circuit says they’re “Officers. [read post]
19 Feb 2018, 12:00 am by Public Employment Law Press
Sovereign Immunity, Absolute Immunity, Qualified Immunity, Use Immunity, Transaction Immunity and Qualified Privilege claims that may be advanced by public officers and employees involved in litigation and, or, administrative hearingsBelow is an example of the material posted on NYPPL. [read post]
13 Feb 2017, 1:18 pm by Josh Blackman
“You’re basically saying we shouldn’t look at it,” he told Purcell. [read post]
23 Jul 2019, 9:52 am
The simplistic binaries that frame conversations of Palestinian armed struggle evoke the condescension expressed by colonial overloads toward the resistance of indigenous peoples. [read post]