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29 Jun 2023, 9:36 am
While the majority opinion is somewhat cagey about the extent to which it is overturning its prior precedents such as Grutter and Fisher as a formal matter, it does seem clear that going forward current practices at many elite universities will now be held unlawful. [read post]
29 Jun 2023, 9:31 am
As a practical matter, Justice Thomas is. [read post]
29 Jun 2023, 7:49 am
For the “overall” category—a composite of the five other ratings— a first reader can and does consider the applicant’s race. [read post]
29 Jun 2023, 7:49 am
For the “overall” category—a composite of the five other ratings— a first reader can and does consider the applicant’s race. [read post]
29 Jun 2023, 7:45 am
Unless the response was then going to engage genuinely with the substance of the report (it does not), the administration probably should have just stopped there. [read post]
29 Jun 2023, 7:33 am
This distinction matters. [read post]
29 Jun 2023, 7:24 am
This is especially true where the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) does not reach. [read post]
29 Jun 2023, 7:18 am
Does it take 10 minutes? [read post]
29 Jun 2023, 6:51 am
What Does This Mean for the Industry? [read post]
29 Jun 2023, 6:40 am
It’s interesting how it does create a lot of creativity and opportunity for people and you’re right, women especially. [read post]
29 Jun 2023, 6:30 am
But juristocracy exists on a continuum, as does constitutional democracy. [read post]
29 Jun 2023, 6:07 am
(If she does, the law will go into effect in 30 days from signing.) [read post]
29 Jun 2023, 5:35 am
Zuboff does not have the all-encompassing ideology and history that Marx developed. [read post]
10th Circuit endorses presumption of Lanham Act false advertising injury in mostly two-player market
29 Jun 2023, 5:15 am
Vitamins Online, Inc. v. [read post]
29 Jun 2023, 5:00 am
Politically, Chevron works both ways, respecting policy making by the two elected branches no matter which party is in control. [read post]
29 Jun 2023, 4:56 am
Filers especially want the IRS to speak to new law, so there is little practical choice about whether the IRS will issue regulations on significant new statutes like the TCJA or, now, the Inflation Reduction Act (IRA), even when the statute does not explicitly require it. [read post]
29 Jun 2023, 4:30 am
Elections matter. [read post]
29 Jun 2023, 4:27 am
If a client does not drop the hammer when something arises that they are concerned about (such as overstaffing matters, billing issues and lack of coordination and responsiveness), the problems may fester and become the new normal for the relationship. [read post]
29 Jun 2023, 4:00 am
“When a cyber incident does happen, the right information must be reported up the chain to those making disclosure decisions. [read post]
29 Jun 2023, 4:00 am
” However, merely making such boastful statements does not make them true, nor mean that useful performance metrics for courts do not exist. [read post]