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7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
20 Mar 2010, 9:10 am by Hedge Fund Lawyer
CTA and CPO Documents “Not Boilerplate” The attorney on the panel stressed that disclosure documents are not boilerplate, no matter how similar they may appear. [read post]
4 Oct 2024, 3:00 am by Jim Sedor
National/Federal They’ve Made Hats for McCain and Trump. [read post]
28 Jan 2019, 8:18 pm
Perplexed about why the company made no effort to defend him as the founder and longstanding public face of the company from what he believes was unfair treatment by the media, and why the company instead seemed intent on abruptly cutting ties with him without investigating the matter, Schnatter questions whether his fellow directors fulfilled their fiduciary obligations. [read post]
4 Jun 2012, 1:57 am by Mandelman
  In a moment I think you’ll agree that none of it matters. [read post]
Comparing Threats to Other Types of (Potentially) Harmful Speech Our fourth, larger point goes to the heart of the matter. [read post]
14 Mar 2013, 9:01 pm by Vikram David Amar
Now that the 2012 election is in the rear-view mirror and the 2016 election is still somewhat distant on the horizon, this is an appropriate time to return to the question of presidential election reform. [read post]
28 Sep 2009, 1:31 am
We received a copy of Ford Motor Co. v. [read post]
17 Sep 2009, 4:30 am
A couple of cases we've posted about recently started us thinking - a dangerous turn of events, we know. [read post]
4 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
But, as we noted with federal intermediate scrutiny, proponents of a strict form of strict scrutiny in California to protect women from old-fashioned discrimination against them may not want to risk diluting strict scrutiny generally by affording too much deference to the California legislature in SB 826.Complicating matters further is that California voters in 1996 adopted Proposition 209, which bans the state from giving preferences—much less adopting quotas—on the basis of… [read post]
27 Mar 2014, 9:01 pm by Vikram David Amar
Dividing up a state certainly could affect individual rights, but such a division is first and foremost a matter of structure: structure is literally all about the edifice, about how something is put together, about constituent parts and elements, and how they do—or don’t—fit together to form a whole. [read post]
28 Sep 2009, 1:31 am
We received a copy of Ford Motor Co. v. [read post]
28 Sep 2009, 1:31 am
We received a copy of Ford Motor Co. v. [read post]
15 Jan 2015, 9:01 pm by Vikram David Amar
So if the people of Arizona can be considered a legislature for Article I, section 4 purposes, then it matters not whether the IRC is a legislature. [read post]
11 Feb 2021, 8:10 am by Kristian Soltes
From PayPal’s 10-K filing with the SEC: On January 21, 2021, we received a Civil Investigative Demand (“CID”) from the Consumer Financial Protection Bureau (“CFPB”) related to Venmo’s unauthorized funds transfers and collections processes, and related matters. [read post]