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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]
12 Dec 2017, 5:06 am by Jonathan H. Adler
“The fact that speech is in aid of a commercial purpose does not deprive responded of all First Amendment Protection,” explained the Supreme Court in United States v. [read post]
12 Dec 2017, 1:13 am by Jani Ihalainen
After the Advocate General's opinion in September the question of restricting the sale of luxury goods online has finally landed on the CJEU's desk, who handed down their judgment only last week.As a brief primer, the case of Coty Germany GmbH v Parfümerie Akzente GmbH concerned the sale of luxury cosmetics made by Coty. [read post]
11 Dec 2017, 7:25 am by Ilya Somin
At both the state and federal levels, we have so many laws that law enforcement officials can only target a small fraction of offenders; so many that the vast majority of adult Americans have violated state or federal law at one time or another. [read post]
11 Dec 2017, 5:50 am by Daniel Schwartz
The Eleventh Circuit provided a general definition of “unwelcome conduct” in Henson v. [read post]
11 Dec 2017, 3:00 am by Garrett Hinck
Supreme Court last cited one of its pieces in McDonald v. [read post]
10 Dec 2017, 8:16 am
  The fourth; the renewal, at the highest diplomatic levels of the initial charge that the Cuban government knew or should have known about the attacks and did nothing to stop them (e.g., here, and here).When asked about the mysterious attacks on U.S. diplomats in Cuba, Secretary of State Rex Tillerson said Dec. 6 he had told the Cuban government “you probably know who’s doing it. [read post]