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22 Jun 2009, 8:54 am
" For more information, see the West Virginia case of Caperton et. al. v. [read post]
15 Jan 2009, 3:39 am
  (This situation is not confined to the Federal system, either; two years ago in State v. [read post]
1 May 2024, 4:00 am by Eric Segall
United States oral argument reminded me of how little the Roberts Court has actually cared about rule of law values and legal transparency during its 18-year run. [read post]
  However, beyond that, the court stated, “[i]t would make little sense to require section 1102.5 retaliation plaintiffs to satisfy McDonnell Douglas for the sake of proving that retaliation was a contributing factor in an adverse action. [read post]
27 Sep 2021, 7:48 am by Kevin Kaufman
First, plaintiffs argue that the provision fails the ambiguity test under Pennhurst State Sch. v. [read post]
15 Aug 2011, 3:47 am by Russ Bensing
Smith and State v. [read post]
3 Aug 2020, 6:56 am by Schachtman
L.J. 1635, 1653 (1983) (“broad generalities with little or no factual support”); Note, “Products Liability-Strict Liability in Tort-State-of-the-Art Defense Inapplicable in Design Defect Cases – Beshada v. [read post]
19 Jun 2013, 7:00 am by Guest Blogger
   That “Big Business federalism” dates to the late nineteenth century, when interstate businesses argued for broad dormant Commerce Clause limits on state regulation, substitution of general commercial law principles for state common law under Swift v. [read post]
6 Jun 2023, 6:38 pm by Mark Ashton
An appeal to the 3rd Circuit followed as did New York State Rifle Association, Inc. v. [read post]
20 Apr 2020, 6:30 am by Sandy Levinson
  Just as importantly, perhaps, states perturbed by the undoubtedly correct decision by the Supreme Court in Chisholm v. [read post]