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2 Mar 2016, 4:25 am by David DePaolo
Oklahoma is probably the least likely state one would imagine to be the epicenter of workers' compensation controversy, but since the state did a "reform" which drastically altered some qualification for benefits as well as introducing an opt-out program, the state has been embroiled in dispute.Last week, of course, the state's Workers' Compensation Commission declared opt-out to be unconstitutional, failing the state's… [read post]
13 May 2014, 6:45 am by INFORRM
The ECJ today handed down a case in a landmark decision regarding data protection and the Internet (Case C-131/12 Google Spain SL, Google Inc. v. [read post]
10 Jan 2020, 6:47 pm by Gerard N. Magliocca
The elegant solution is that Article Five contemplates only prospective action by Congress for a constitutional amendment because "[t]he power to propose is . . . a prospective power, and does not entail any authority to modify the terms of a proposed amendment once it has been offered for the consideration of the States. [read post]
3 Nov 2016, 8:02 am by David Cheifetz
The decision to withdraw or not – the decision whether to give notice under the applicable EU treaty – is for Parliament to make, not the party in power in Parliament; aka the “gov’t” or the Crown. [111] for the reasons we have set out, we hold the Secretary of State does not have power under the Crown’s prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union. [read post]
17 Aug 2006, 10:58 am
Amy Baron-Evans, the National Sentencing Resource Counsel to the Federal Public and Community Defenders, has produced an extraordinary memorandum entitled "The Continuing Struggle for Fair, Effective and Constitutional Sentencing After United States v. [read post]