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20 Apr 2023, 10:26 am by Neil H. Buchanan
  During an oral argument at the Supreme Court, Justice Neil Gorsuch initiated this bizarre exchange, as reported in Slate:During oral arguments in 303 Creative v. [read post]
20 Apr 2023, 7:04 am by Paul Willetts
This may be made worse by the potential for an individual to be simultaneously considered a contractor for tax purposes, yet an employee for workplace standards.Typically, the tax court places greater emphasis on the parties’ intention in structuring their working relationship, while employment tribunals (and the courts when addressing employment matters) tend to look beyond the parties’ formal intentions to the functional nature of the relationship.A recent decision from the… [read post]
20 Apr 2023, 7:00 am by Lisa Stam and Marnie Baizley
Another reason to have all ducks in a row: courts have awarded additional damages for aspects of the manner of dismissal that may seem a little nitpicky. [read post]
20 Apr 2023, 4:30 am by Eric B. Meyer
Hobby Lobby Stores, Inc. in 2014 and the Court’s 2020 decision in Bostock v. [read post]
20 Apr 2023, 4:30 am by Lawrence Solum
The modern path to abolition is not without its downsides, but the upside to states ending the death penalty on their own is that this time when the death penalty dies, it may well stay that way for good. [read post]
19 Apr 2023, 6:13 pm by Josh Blackman
Switzer, even though a "state-courtdecision is not reviewable by lower federal courts," a "statute or rule governing the decision may be challenged in a federal action. [read post]