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3 Mar 2015, 2:53 pm by Giles Peaker
On 1. the Court had severe concerns about the vires of the Regulations. [read post]
2 Mar 2015, 2:24 pm by Marty Lederman
”  In particular, if the challengers were correct that tax credits are unavailable for insurance purchased on a federally established Exchange, Congress’s directive to the Secretary of HHS to establish and operate such federal Exchanges in States that have failed to do so would make no sense at all, as the Solicitor General explains at pages 24 and 38-39 of his brief.Subsection 1321 (c)(1) of the Act provides that if a State elects not to set up an Exchange, or if a State… [read post]
2 Mar 2015, 2:17 pm
Even assuming that the State’s cited studies have evidentiary value, it does not follow that they establish that the blanket prohibition on felons’ possession of firearms passes muster under §23. [read post]
1 Mar 2015, 4:01 pm
More pragmatically, it does not read like a decision that is only for the benefit of private parties to an appeal; it reads like one that is expected to have a wide audience including the President, the Administrative Council, and probably everyone else -- not that this affected Merpel's thought processes.So with that, let's look at the decision.Background  At the time of Decision R19/12, in his role as VP3, the Chairman sat on two high level committees of the EPO, the… [read post]
27 Feb 2015, 10:18 am by But I Do Have a Law Degree
 Problem is it wasn't the missing child, it was a 23 year old con-artist with a french accent, and the wrong color eyes. [read post]
27 Feb 2015, 6:15 am by John Elwood
The petitioner in Bower asks (1) “[w]hether the former Texas special issues for death penalty sentencing [provide] . . . an appropriate vehicle for the jury to consider and give full effect to mitigating evidence of good character [under Penry v. [read post]
27 Feb 2015, 4:58 am
”  The first thing we look for with a provision like this is burden and Rule 23 does not mention “burden. [read post]
26 Feb 2015, 4:09 pm by Kent Berk
On January 23, 2015, the Arizona Supreme Court decided BMO Harris Bank, N.A. v. [read post]
26 Feb 2015, 9:19 am by Maureen Johnston
Ace Foam, Inc. 14-577Issue: (1) Whether the standing requirements of Article III apply to all members of a class certified under Federal Rule of Civil Procedure 23; and (2) whether certifying a class under Rule 23(b)(3) is improper where individualized damages issues predominate, and where plaintiffs rely exclusively on aggregate damages models that calculate damages purportedly incurred by the class as a whole, rather than by individual class members. [read post]
26 Feb 2015, 7:00 am by Robert Chesney
Bearing this in mind, does the draft AUMF really matter? [read post]
25 Feb 2015, 12:50 am by Kevin LaCroix
To date, of 37 cases, district courts granted remand in 23 and denied remand in 14. [read post]
24 Feb 2015, 4:28 pm by Matthew Turetzky
Army qualification course to hit a target from a distance of 25 meters with an accuracy rate of at least 23 rounds out of 40. [read post]
24 Feb 2015, 12:26 pm by Ron Miller
Because homecare providers are excluded from NLRA coverage through the domestic services exclusion, the court concluded that Garmon preemption does not apply. [read post]