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15 Apr 2017, 7:00 am by Jordan Brunner
” Jennifer Harris asked if it’s time for new rules regarding Chinese investment in the United States. [read post]
9 Apr 2017, 8:35 am
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
21 Mar 2017, 2:43 pm by Ronald Mann
Baker), but this argument was much more like the Monday argument in Howell v. [read post]
20 Mar 2017, 6:38 am by Joy Waltemath
” As a result, a federal court in Alabama ruled that the remark itself precluded summary judgment in the employer’s favor, regardless of its contention that she was fired for well-documented performance reasons, since the employee’s estate only needed to show that retaliation was a “motivating factor” and not the “but for” cause of her termination (Stewart v. [read post]
18 Mar 2017, 5:42 am by Jordan Brunner
John Bellinger commented that the Alien Tort Statute case Doe v. [read post]
10 Mar 2017, 9:14 am by Rebecca Tushnet
Stewart, Deputy Solicitor General of the United States: Techniques of statutory construction. [read post]
8 Mar 2017, 10:00 pm by Tommy Tobin
The three judge DeCoster appeals panel issued a three-opinion ruling, with the majority advancing a concept of responsible corporate officer liability arising from the FDCA and the Supreme Court’s ruling in United States v. [read post]
25 Feb 2017, 7:00 am by Jordan Brunner
Robert Loeb and Emma Kohse examined the first invocation of the state secrets privilege by the DOJ in the Trump administration in Salim v. [read post]
24 Feb 2017, 12:19 pm by Nicandro Iannacci
The Constitution says that Congress (and the States) may not abridge the right to free speech. [read post]