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16 Nov 2022, 9:33 am
In legalese, these two property interests are referred to as the “surface estate” and the “mineral estate. [read post]
8 Nov 2022, 8:22 am
L.J. 357 (2022). [read post]
7 Nov 2022, 7:19 am
L.J. __ at 28 (forthcoming 2023) (writing that in West Virginia decision “the Court resolved preexisting confusion about what the major questions doctrine is”); id. [read post]
7 Nov 2022, 3:30 am
Simon, Bankruptcy Grifters, 131 Yale L.J. 1154 (2022). [read post]
30 Oct 2022, 6:00 am
L.J. 73 (2003). [read post]
28 Oct 2022, 6:32 am
Nevertheless, and despite the legitimate concerns of ethical investors, I believe we should exercise caution in applying a non-economic standard of materiality to disclosure requirements… Because some investors may want certain information in order to make an investment or voting decision does not mean that mandatory disclosure of such information would be necessary or appropriate in the public interest or for the protection of investors.[15] If we move away from a materiality that… [read post]
25 Oct 2022, 10:46 am
This post assesses the Solicitor General’s argument, in New York v. [read post]
20 Oct 2022, 3:30 am
L.J. 997 (2021). [read post]
17 Oct 2022, 1:01 am
L.J. 155 (1995), reports that the KKK “embarked on a campaign of terror for the purpose of destroying the Republican Party in the Southern states and reducing Southern Blacks to the control of white supremacists. [read post]
16 Oct 2022, 6:00 am
Gorod, The Adversarial Myth: Appellate Court Extra-Record Factfinding, 61 Duke L.J. 1 (2011). [read post]
30 Sep 2022, 5:28 pm
The Court has also stated that due to the highly significant interests it does "not rule out the possibility that, in a proper case, imposing civil sanctions for publication of the name of a rape victim might be so overwhelmingly necessary to advance these interests. [read post]
17 Sep 2022, 3:18 pm
L.J. 241, 250 n.29 (1999). [read post]
14 Sep 2022, 2:59 pm
" Certain Interested Individuals v. [read post]
11 Sep 2022, 6:00 am
As always, the Lexicon is aimed at law students, especially first-year law students, with an interest in legal theory. [read post]
8 Sep 2022, 3:05 pm
L.J. [read post]
6 Sep 2022, 1:32 pm
New Article: K-Sue Park, The History Wars and Property Law: Conquest and Slavery as Foundational to the Field, 131 Yale L.J. 1062 (2022). [read post]
4 Sep 2022, 6:00 am
As always, the Lexicon is aimed at law students with an interest in legal theory. [read post]
25 Aug 2022, 4:22 am
” Eugene Volokh, The Law of Pseudonymous Litigation, 73 Hastings L.J. 1353, 1426 (2022). [read post]
14 Aug 2022, 8:16 pm
L.J. 451, 456 (2004) (the doctrine applies “if a patent applicant narrowed the scope of the claims during the prosecution of an application to overcome art of record (i.e., to distinguish the claims from the art)”). [read post]
10 Aug 2022, 5:01 am
Tomorrow and Friday: Exceptions for speech and political activity that sufficiently undermine employer interests. [1] See Volokh, supra note *, at 309–34. [2] See Volokh, supra note *, at 313. [3] Connick v. [read post]
