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Finally, HHS proposes that each guidance document issued by the agency must contain the following information: “(1) The activities to which and the persons to whom the guidance applies; (2) the date HHS issued the guidance document; (3) a unique agency identifier; (4) a statement indicating whether the guidance document replaces or revises a previously issued guidance document and, if so, identifying the guidance document that it replaces or revises; (5) a citation to the statutory… [read post]
25 Aug 2020, 10:55 am by Eugene Volokh
One important question is about what's required to prove actual malice in this case, but another is this: under what conditions does a person who "goes viral" by being in the wrong place at the wrong time become a public figure for purposes of defamation law, and does it matter if that person is a child? [read post]
25 Aug 2020, 10:07 am by Keith E. Whittington
There are extreme cases when academics might be so wrong about a matter within their professional competence that it calls into question their professional fitness to hold an academic position, but Eastman is nowhere near that line. [read post]
25 Aug 2020, 9:50 am
His base is already with him, and will likely turn out no matter what he does. [read post]
25 Aug 2020, 8:01 am by Eugene Volokh
(It also held that, under Virgin Islands law, defendants in small claims cases were never denied the right to counsel, because "a matter filed in the Small Claims Division should be transferred to the Civil Division [where counsel can be used] whenever counsel is retained or even just requested. [read post]
25 Aug 2020, 7:13 am
So make no mistake, no matter where you live, your family will not be safe in the radical Democrats America.I said at the time, listening to this last night, that many people will hear that as a racial dog whistle. [read post]
25 Aug 2020, 6:28 am
The group of around 1,000 continued to march, chanting "Black Lives Matter," "This is a not a riot, this is a revolution" and telling each other to "Stay together. [read post]
25 Aug 2020, 5:25 am by Judith Robinson
As such, ordering Costco to disclose the identity of its suppliers would infringe Costco’s freedom in commercial matters and violate its right to privacy. [read post]
25 Aug 2020, 5:25 am by Judith Robinson
As such, ordering Costco to disclose the identity of its suppliers would infringe Costco’s freedom in commercial matters and violate its right to privacy. [read post]
25 Aug 2020, 5:00 am by Daniel E. Cummins, Esq.
He also conducts mediations of civil litigation matters through Cummins Mediation Services. [read post]
24 Aug 2020, 9:50 pm by Patent Docs
Noonan -- The Federal Circuit's inchoate attempts to fashion a consistent, rational application of the Supreme Court's recent subject matter eligibility jurisprudence, while understandably Herculean in view of the difficulties inherent in that precedent, raises questions regarding the value of having a "specialized" Circuit Court for the purpose of harmonizing U.S. patent law (see "The Proper Role of the Federal Circuit"; "In Defense of the Federal… [read post]
24 Aug 2020, 7:47 pm by Dennis Crouch
Rather the case was dismissed for failure state a claim and lack of subject matter jurisdiction. [read post]
24 Aug 2020, 3:31 pm by Eugene Volokh
" … [They] maintain that if the Court declines to order sealing or direct Plaintiff to file a complaint that uses pseudonyms, "it will encourage Plaintiff's counsel and others to file complaints with salacious, irrelevant allegations in matters that can only proceed in arbitration, and to do so for the in terrorem value in extracting a settlement. [read post]
24 Aug 2020, 1:15 pm by Jonathan H. Adler
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]
24 Aug 2020, 10:18 am by davidferriero
Furthermore, these records are often needed to support veterans and their families with urgent matters such as medical emergencies, homeless veterans seeking shelter, and funeral services for deceased veterans. [read post]
24 Aug 2020, 8:12 am by Eugene Volokh
Such allegations are undoubtedly matters of a "highly sensitive and personal nature. [read post]
24 Aug 2020, 7:33 am by Bob Kraft
No matter how well you document the accident, though, those investigating the accident may overlook some of this evidence when they create their report. [read post]