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14 Dec 2017, 9:01 pm by Vikram David Amar
Courts have often expressed—as the Supreme Court did in United States v. [read post]
14 Dec 2017, 11:28 am by Priscilla Smith
”  It is well established in cases from Virginia State Board of Pharmacy v. [read post]
14 Dec 2017, 9:33 am by Richard T. Kaplar
It would be easy to frame this issue in classic policy terms of government regulation v. the marketplace. [read post]
14 Dec 2017, 9:33 am by Richard T. Kaplar
It would be easy to frame this issue in classic policy terms of government regulation v. the marketplace. [read post]
14 Dec 2017, 6:35 am by Dan Carvajal
The Supreme Court’s 1992 Quill Corp. v. [read post]
  Perhaps the CFPB will stop enforcement actions for a while, but the IAL consent decrees presumably have forward looking provisions, and there’s also state AG enforcement risk. [read post]
13 Dec 2017, 1:09 pm by Gritsforbreakfast
The process is viewed as roughly on par with another quasi-scientific investigative tool, the polygraph test.They noted that, "Minnesota was one of the first to restrict such testimony when the state Supreme Court ruled in State v. [read post]
13 Dec 2017, 12:07 pm by Julie Rikelman
Context is key in determining the appropriate level of review for compelled speech — the “level of scrutiny to apply to a compelled statement” turns on “the nature of the speech taken as a whole and the effect of the compelled statement thereon,” as the Supreme Court wrote in 1988 in Riley v. [read post]
13 Dec 2017, 7:21 am by Ilya Shapiro
That lower level of scrutiny may well have been outcome-determinative. [read post]
12 Dec 2017, 4:36 pm by Kevin LaCroix
Howey Co., which states that a security is an investment contract in which a person 1) invests their money; 2) in a common enterprise; 3) with an expectation of profits; 4) based on the efforts of the promoter or a third party. [read post]
12 Dec 2017, 7:35 am by Nassiri Law
A number of states (including California) have enacted laws that protect LGBT workers, but at the federal level, there is no such guaranteed protection. [read post]
12 Dec 2017, 6:52 am by Joy Waltemath
American Federation of State, County, and Municipal Employees, Council 31 (16-1466), takes the opposite position from DOJ’s amicus brief filed two years earlier, in Friedrichs v California Teachers Association (14-915), to argue that it is time to overturn Abood v. [read post]