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4 Dec 2014, 9:01 pm
Stare decisis is a rather flexible constraint in constitutional matters, whereas the Court has made clear that the bar for overruling a past decision that was construing a federal statute is particularly high (presumably because Congress can fix erroneous judicial constructions of statutes more easily than it can correct wrong-headed readings of the Constitution). [read post]
10 Jul 2015, 4:06 pm
The Court held that, as a matter of EU law, the section 13 claim must include compensation for for distress (non-pecuniary loss, or general damages) and must not be confined to compensation for actual damage (pecuniary loss, or special damages). [read post]
25 Jul 2016, 9:01 pm
They described how, today, administrative agencies “as a practical matter . . . exercise legislative power, . . . executive power . . . and judicial power. . . [read post]
23 Sep 2009, 10:48 am
Va. 1992) (granting judgment as a matter of law); Granowitz v. [read post]
13 Jul 2017, 9:01 pm
Court of Appeals for the Federal Circuit (which handles federal intellectual property matters) struck down the statute on its face as violating the First Amendment. [read post]
5 Apr 2020, 4:47 pm
Inforrm had a post as did the Panopticon blog and the Mishcon de Reya Data Matters website . [read post]
2 Jan 2014, 9:01 pm
As a political matter, it would have to win support both in California, and in Washington DC, because the creation of new states requires, under Article IV of the federal Constitution, the consent both of the legislatures of the involved states and of Congress. [read post]
22 Sep 2016, 9:01 pm
Columns on this website that examine judicial rulings tend to focus on the very last stage of litigation—a U.S. [read post]
13 Oct 2014, 4:05 pm
It did not start with the Mail newsdesk over the Chris Huhne matter. [read post]
18 Dec 2014, 9:01 pm
(There have been lawsuits filed that test the President’s actions here, and lower court judges are likely to express a range of opinions on the matter, but it remains unclear how the lower federal courts will ultimately adjudicate this issue and whether the Supreme Court will wade into this thicket.) #2. [read post]
15 Dec 2008, 2:00 pm
The Recorder says that Apple's been giving antitrust assignments to Morrison & Foerster and employment matters to Orrick, Herrington & Sutcliffe. [read post]
26 Apr 2024, 11:05 am
Eugene Scalia, the former Secretary of Labor, son of the former Justice, and a partner at Gibson Dunn, filed a lawsuit in the U.S. [read post]
19 May 2019, 9:01 pm
Maybe this idea makes sense as a matter of policy in some areas of regulation, but we don’t see much constitutional support for imposing a general ripeness requirement on legislatures. [read post]
21 May 2011, 7:50 am
David Dunn, a partner at the law firm Hogan Lovells, told American Banker: “Were there significant numbers of people who were subjected to foreclosures where they shouldn’t have been? [read post]
20 Nov 2019, 2:36 pm
A detailed January 29, 2019 memo from the Gibson Dunn law firm about the Illinois Supreme Court ruling can be found here. [read post]
20 Jan 2011, 5:22 pm
[Post by Venkat Balasubramani with some comments from Eric] Hypertouch, Inc. v. [read post]
7 Jul 2022, 11:18 pm
Dunn v. [read post]
21 Jan 2021, 9:06 am
“The technologies to accomplish this change over time, and we need to make sure that our methods for dealing with these matters, with tech terrorist financing, change along with changing technology — cryptocurrencies are a particular concern,” Yellen said before the Senate Finance Committee, according to CoinDesk. [read post]
23 Sep 2015, 9:01 pm
The district court (and the Ninth Circuit too, for that matter, since this part of the case ping-ponged between the two courts over recent years and the district judge was taking her cue from a 2013 Ninth Circuit decision) ruled that the Day Laborer provisions violate the First Amendment because they discriminate against commercial speech—the solicitation of work and offers to hire—without adequate justification. [read post]
28 May 2022, 8:28 am
To a certain extent, as emphasized by Professor Pollicino and law experts De Gregorio and Dunn, the current organisational structure of online platforms, based on private ownership and driven by market logics, seems to be at odds with the increasingly public and societal role of online platforms, especially social media. [read post]
