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14 Nov 2008, 4:15 pm
" Activists think they have the needed support, but Senate President Thomas V. [read post]
1 Jul 2011, 12:24 pm by Rebecca Tushnet
Thomas McCarthy, McCarthy on Trademarks and Unfair Competition § 27.31 (4th ed.2011). [read post]
2 Jun 2017, 7:37 am by emagraken
To be clear, however: while relevant expert evidence will often be helpful in determining whether the claimant has proven a mental injury, it is not required as a matter of law. [read post]
21 Mar 2008, 7:05 pm
Under today's weak "rational basis" standard, courts validate virtually any abridgement of economic liberty, no matter how tenuous the connection to even a minor public purpose. [read post]
12 Dec 2019, 12:00 am by Thomas G. Heintzman
The mere fact that a building contravenes a bylaw, no matter how incidentally, should not invalidate a building contract. [read post]
29 Jun 2023, 9:36 am by Will Baude
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]
27 May 2011, 6:40 am by INFORRM
The claimant in CTB had, as Eady found, met Ms Thomas only three times, yet, as he is a married man with a family: “It is well established, in such circumstances, that the court needs to take into account and have regard to the interests of the claimant’s family members, and their rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms. [read post]
17 Nov 2006, 11:16 am
But unfortunately, the matter has not rested with that determination. [read post]
20 May 2009, 11:52 am
  The five-member majority in Iqbal (Justice Kennedy joined by Chief Justice Roberts and Justices Scalia, Thomas, & Alito)  has made clear that the heightened standards of pleading announced in 2007 in  Bell Atlantic v. [read post]
10 Nov 2017, 5:30 am by David Meyer Lindenberg
A NYT series on this problem in the backwoods of New York state comes with great characters like “Justice” Thomas R. [read post]
14 Jan 2011, 3:59 am by Guest Blogger
Each judge has the power to insist on holding onto his or her understanding of the constitution.From the moment of their nominations everyone knew (and even worse tolerated) that justices Scalia and Thomas would favour a (historical) method of analysis that would consistently lead to conservative results. [read post]
30 Jun 2010, 8:33 pm by Lisa McElroy
  In his dissent (which was joined by Chief Justice Roberts and Justices Thomas and Scalia), Justice Alito accused the majority of making a religiously biased decision that would allow the universities themselves to discriminate against student groups based on viewpoint. [read post]
3 May 2012, 12:09 pm by Michael J. Slocum
 The ARB remanded the matter to the Office of Administrative Law Judges (“OALJ”) to clarify whether the employer must prove that it would have terminated the employee based upon the misconduct by a preponderance of the evidence, or by the heightened “clear and convincing evidence” standard. [read post]