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23 Oct 2022, 7:03 pm by Guest Author
Later this year, the Court will hear oral argument in Axon Enterprise, Inc. v. [read post]
20 Oct 2022, 4:00 am by Martin Kratz
SODRAC 2003 Inc., 2015 SCC 57, [2015] 3 S.C.R. 615 at para. [read post]
16 Sep 2022, 5:01 am by Jack Goldsmith
If these extra costs proved to be exorbitant, the outcome of a Pike balancing analysis might become difficult to predict. [read post]
20 Jul 2022, 5:01 am by Eugene Volokh
But perhaps it is what tipped the balance in favor of categorical immunity as to statements about the government by the Sullivan majority, and in favor of categorical immunity as to statements about science, history, and the like in Alvarez. [read post]
20 Jul 2022, 2:47 am
In re Yolas All Natural Inc., Serial No. 90131028 (July 12, 2022) [not precedential] (Opinion by Judge Thomas W. [read post]
18 Jul 2022, 2:46 pm by Kevin LaCroix
Regular readers of this blog know my view that the  rise of collective investor actions outside the United States is one of the most important developments in the world of directors’ and officers’ liability in recent years. [read post]
11 Jul 2022, 2:50 pm by Josh H. Escovedo
On June 30, 2021, the governing bodies of the NCAA passed a policy that suspended all NCAA NIL rules for incoming and current students.[23] In short, this suspension meant that NCAA athletes, for the first time, would have the opportunity to financially benefit from their NIL effective July 1, 2021.[24] The NCAA offered the following guidance to its athletes and its member institutions: Individuals can engage in NIL activities that are consistent with the law of the state where the school… [read post]
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
Viewing that decision as legislative in character, the Fifth Circuit found that the grant of this authority violated Article I of the Constitution, which mandates that “all legislative powers” are vested in Congress, not in administrative agencies.[5] Obviously, if the Court were to accept either claim, administrative agencies would lose much of their enforcement powers, surviving as largely neutered bodies. [read post]
[W]hile the disclosure of non-material information is generally not required for the reasons discussed [above], adding the promotion of environmental protection to the other factors considered by the Commission in the administration of the disclosure process causes a different balance to be struck here. . . . . . . . [read post]