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Under current EEOC guidance for the Fair Labor Standards Act (FLSA), however, employers must pay employees for (1) time spent waiting for and receiving medical attention (including coronavirus testing) at the employer’s direction or on the company’s premises during normal working hours as well as (2) any time spent receiving such a test on the employee’s days off if the test is “necessary for them to perform their job safely and effectively during the pandemic. [read post]
6 Nov 2020, 5:02 am by Eugene Volokh
The new Justice, Amy Coney Barrett, whom most people assume is not a friend to the Smith decision, pointedly asked CSS's counsel: [Y]ou argue in your brief that Smith should be overruled. [read post]
17 Dec 2020, 7:01 am by Reed Benson
In upholding the river master’s decision as “legally accurate and entirely fair,” the majority relied largely on an email exchange between Texas and New Mexico officials that began in November 2014. [read post]
2 Nov 2020, 7:21 pm by Ilya Somin
In Taylor, a 7-1 majority (the just-confirmed new Justice Amy Coney Barrett did not participate), concluded that the lower court had gone too far in granting qualified immunity to prison officials in an egregious case where they subjected a prisoner to horrific treatment:  …Trent Taylor is an inmate in the custody of the Texas Department of Criminal Justice. [read post]
20 Jan 2023, 10:47 am by Jamelle C. Sharpe
Dubin likewise claimed reviewing courts would be unable to ensure uniformity, efficiency, and fairness in the immigration system without the clarity provided by issue-specific exhaustion. [read post]
24 Apr 2020, 4:00 am by Deanne Sowter
Since the Model Code treats all advocacy the same way, and the Code does not specifically deal with issues that are only relevant when the objective is to resolve a conflict or reach a consensual resolution, it implies that objectionable behaviour that is not captured is fair game. [read post]
18 Oct 2020, 3:15 pm by Ilya Somin
It is fair to argue that prominent originalist judges haven't focused on the original meaning of the Reconstruction amendments nearly as much as academics have (though that is not true of several, like McConnell, who are—or have been—both scholars and judges). [read post]
6 Dec 2021, 9:01 pm by Michael C. Dorf
Jackson Women’s Health Organization, all eyes and ears were on Chief Justice John Roberts and the three Justices appointed by Donald Trump—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—because of the widespread belief that how they vote will determine whether abortion will continue to be a constitutional right. [read post]
30 Mar 2022, 11:16 am by Suzanna Sherry
But under the surface, and perhaps even in the opinions, will lie questions of practicality and fairness. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
Remarkably, lower court judges agreed with them.Nonetheless, a fair assessment of the issues leads to the conclusion that the plaintiffs should lose this case for at least three independent reasons.(1) Neither the individual plaintiff nor the state of Texas suffers any injury giving rise to legal standing as a consequence of a law that instructs individuals who do not obtain health insurance to pay a tax of $0. [read post]
3 Nov 2021, 5:01 am by Robert Corn-Revere
Art historian Amy Werbel aptly observed that his literary preferences "served for forty years as the national line between virtue and vice. [read post]
25 Feb 2022, 5:22 pm by Ellena Erskine
” The committee, he said, “will begin immediately to move forward on her nomination with the careful, fair, and professional approach she and America are entitled to. [read post]
22 Feb 2018, 2:29 pm by Aurora Barnes
Court of Appeals for the 9th Circuit erred in holding that Andrew Kisela, the police officer who found Amy Hughes walking down her driveway toward another woman while carrying a large kitchen knife, acted unreasonably when he shot and wounded Hughes after she ignored commands to drop the knife given Kisela’s well-founded belief that potentially lethal force was necessary to protect the other woman from an attack that could have serious or deadly consequences; and (2) whether the lower… [read post]
4 Nov 2020, 5:36 pm by Amy Howe
The court’s newest justice, Amy Coney Barrett, appeared less enthusiastic about overruling Smith. [read post]
7 Dec 2022, 2:22 pm by Amy Howe
” Justice Amy Coney Barrett appeared to agree, calling the distinction between substantive and procedural limits “notoriously difficult lines to draw. [read post]
31 Jan 2023, 2:27 pm by bndmorris
Amy Hardberger was elected as a member of the American Law Institute. [read post]
2 Feb 2018, 11:16 am by John Elwood
Court of Appeals for the 2nd Circuit’s requirement that a jury must be instructed regarding the specific legal justifications for the use of deadly force creates an uncertainty preventing law enforcement officers from having adequate fair notice of what conduct is proscribed or constitutionally permissible, thereby further hampering the application of qualified immunity at the earliest stage of a case. [read post]
30 Mar 2021, 9:05 pm by Ann E. Tweedy
The success of McGirt, however, is potentially tenuous, given that it was a 5-4 decision before the addition of Justice Amy Coney Barrett in the seat once held by Justice Ruth Bader Ginsburg. [read post]
24 Feb 2016, 9:05 am by Robichaud
Can any Canadians, other than those in attendance, make a fair judgment against Mr. [read post]