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16 Sep 2018, 9:01 pm by Dean Falvy
” So how does Woodward get away with such a radical departure from these conventions? [read post]
12 Sep 2018, 12:42 pm by Ilya Somin
Cato Unbound will soon post responses by prominent constitutional law scholars Gabriel "Jack" Chin and John Eastman. [read post]
10 Sep 2018, 10:17 am by Lawrence B. Ebert
Of relevance to MS patientsSimilarly, the “inconclusiveness of the exploratorystudies of 4-AP, a 102-year old drug,” Acorda ReplyBr. 28, does not speak to the more recent research reliedon by the district court—namely, Schwid and th [read post]
6 Sep 2018, 10:40 am by Robert Brammer
Evidence from the 11th century does not tell us clearly in which cases this practice would have been permitted and applied. [read post]
5 Sep 2018, 4:51 pm by Howard Knopf
Courts should presume that a person who authorizes an activity does so only so far as it is in accordance with the law. [read post]
5 Sep 2018, 4:42 am by Kevin LaCroix
  The NDB Scheme does not necessarily result in the details of data breaches becoming public knowledge – the company only has to publish the notification on its website if it is not practicable to individually notify all individuals, and the OAIC does not publicise details of the breaches, only quarterly statistics on an anonymous basis. [read post]
4 Sep 2018, 8:37 pm
Third, the appearance of unity does not invariably suggest forward movement while the appearance of disarray does not invariably suggest lack of positive movement. [read post]
30 Aug 2018, 4:44 pm by Kevin LaCroix
Just because these various D&O lawsuits arising from allegations of sexual misconduct are being filed does not mean that the lawsuits are meritorious. [read post]
Not only does it show that the aggregate pattern does not consist wholly of Article II-authorized behavior, it also widens the scope and breadth of the corrupt behavior at issue. [read post]
15 Aug 2018, 8:27 pm by Ilya Somin
Neither John Marshall in McCulloch nor John Roberts in NFIB provides much guidance as to how exactly one is supposed to go about determining which powers fall within this category, but one textually-minded way of thinking about it would be to take cues from the language of the Constitution itself. [read post]