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1 May 2024, 6:57 am by Daniel M. Kowalski
At bottom, because on its face the Tennessee statute at issue here criminalizes conduct that does not require the use or threatened use of violent physical force, the BIA erred when it determined that Sanchez-Perez was statutorily barred from applying for cancellation of removal by virtue of his 2009 conviction for misdemeanor domestic assault under Tennessee Code Annotated § 39-13-111. [read post]
1 May 2024, 6:31 am by Jean O'Grady
The press release notes that “In the absence of a unified system for state courts, Lex Machina does the difficult work of understanding the individual docketing practice of each state court system, and creates accurate analytics that reflect the unique aspects of the individual courts. [read post]
1 May 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024).Rachel E. [read post]
1 May 2024, 6:05 am by Paul M. Barrett
But there’s a strong argument under existing free speech doctrine that requiring businesses to reveal factual information about how they operate does not constitute censorship or anything close to it. [read post]
1 May 2024, 6:03 am by Andrew Lavoott Bluestone
Bowery’s reference to the parties’ reservation of rights in the various settlement agreements is not persuasive because, as Supreme Court noted, a reservation of rights does not create new rights (Dee Cee Assoc. [read post]
1 May 2024, 6:03 am
Once an injured employee properly appeals a workers’ compensation claim to a court, a five-year limit on the Ohio Industrial Commission’s oversight of the claim does not impact the court case, the Supreme Court of Ohio ruled today. [read post]
1 May 2024, 6:00 am by Evangelina Cantu
Takeaways While the policy dramatically redefines how the EPA intends to optimize its enforcement program, it does not substantively change – at least on its face – which cases the agency will pursue under each type of respective enforcement response, dating back to the 1994 Devaney Memo, reiterating: “Criminal enforcement should be reserved for the most egregious violations. [read post]
1 May 2024, 5:48 am by jonathanturley
Where does Weissmann and others go from here after predicting the imminent death of democracy? [read post]
1 May 2024, 5:41 am by Jack Sharman
  Unlike grand jury investigations, a congressional investigation does not remain secret for long—if ever at all cloaked. [read post]
1 May 2024, 5:00 am by Eugene Volokh
" Expected public reaction that impacts external relationships does not constitute a detrimental impact and does not weigh in the District's favor. [read post]
1 May 2024, 4:30 am by Eric B. Meyer
” Likewise, “AI does not relieve an employer of the responsibility to ensure that records accurately reflect breaks taken and that employees are properly compensated for all hours worked. [read post]
1 May 2024, 4:19 am by SHG
And what does Trump have to say about all this? [read post]
1 May 2024, 4:00 am by Eric Segall
. 'The doctrine of the equality of States . . . does not bar . . . remedies for local evils which have subsequently appeared,' (citation to South Carolina v. [read post]
1 May 2024, 4:00 am by Ian Mackenzie
Richard Hell The resolution of disputes does not always depend on the memories of parties or witnesses, but when credibility is at issue the memories of actions can be a critical part of resolving disputes. [read post]
1 May 2024, 3:48 am
Some of the key benefits of a spendthrift trust include: Assets are protectedYour beneficiary can’t access assets in the trustYour beneficiary receives regular, consistent incomeAssets are protected from creditorsYour estate bypasses the probate processA spendthrift trust does have some downsides. [read post]