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25 Jul 2016, 9:01 pm
(Interestingly, the broad scope of the bill might be understood to mean that Congress doesn’t ever want the Court to defer to Congress’s own interpretation of the Constitution when Congress enacts bills.)The House Report in favor of the bill argues that Congress currently lacks an incentive to write statutes clearly, and that the executive branch that fills in the ambiguities will take the political heat for making the tough choices, and insulate Congress from the political… [read post]
26 Jun 2019, 9:01 pm
Indeed, one of the sharpest attacks anti-federalists could make on the new Constitution was that it did not go far enough in the protection of the institution of juries.The federalists took this charge seriously and ultimately responded by, among other things, enacting the Fifth, Sixth, and Seventh Amendments.The Framers expected the jury to act as a mediating body to insulate individuals from government overreaching. [read post]
11 Dec 2019, 9:20 pm
[This post originally appeared in the MusicTechPolicy Monthly Newsletter before the announcement of the MLC vendors.] [read post]
7 Jun 2021, 4:38 am
According to the complaint, Varughese concealed these facts from his co-members until long after they occurred. [read post]
25 Aug 2023, 6:22 pm
We are 30-plus years into the “Daubert” era, in which federal district courts are charged with gatekeeping the relevance and reliability of scientific evidence. [read post]
13 Nov 2020, 4:32 am
[Where things stand after oral argument.] [read post]
7 Aug 2020, 1:15 pm
Graham Co. v. [read post]
2 Feb 2017, 6:40 am
Grace and Co. [read post]
10 Dec 2019, 2:24 am
That is, the fact that a corrupt scheme includes in part some power that President has been given to exercise faithfully doesn't insulate the corrupt scheme from impeachment. [read post]
29 May 2016, 9:38 am
Co., Inc., 2016 BL 163642, Cal., No. [read post]
11 Jan 2011, 1:06 pm
See Accomac Realty Co. v. [read post]
18 Nov 2018, 8:30 pm
Although provider contracts historically have included many of these same provisions, the Justice Department in its lawsuit against Atrium charged that Atrium illegally used its dominant market position to negotiate managed care contracts paying higher reimbursement rates than other less dominant contracted providers received and used the challenged contract provisions to insulate itself against competition from other network providers offer care at more cost effective rates. [read post]
9 Nov 2017, 6:31 am
PUBLIC POLICY, WELLS FARGO'S WAY Two out of three justices on a panel of the Fourteenth Court of Appeals in Houston find no problem with blanket waiver of the statute of limitations defense along with all others (except payment) in a guaranty agreement. [read post]
9 Nov 2017, 6:31 am
PUBLIC POLICY, WELLS FARGO'S WAY Don't like a law - Make the customer waive it in the fine print.Two out of three justices on a panel of the Fourteenth Court of Appeals in Houston find no problem with blanket waiver of the statute of limitations defense along with all others (except payment) in a guaranty agreement. [read post]
6 Mar 2022, 5:46 am
In Donohue v Cuomo, 2022 NY Slip Op 00910, the New York State's Court of Appeals said:"In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement* (CBA) (see 22 NY3d 344, 354 [2013]). [read post]
6 Mar 2022, 5:46 am
In Donohue v Cuomo, 2022 NY Slip Op 00910, the New York State's Court of Appeals said:"In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement* (CBA) (see 22 NY3d 344, 354 [2013]). [read post]
1 Oct 2014, 2:53 pm
Unfortunately, the Board has concluded that the aspirational language of courtesy rules is often vague and over broad—frequently noting the lack of definitions of vague terms—and therefore would be read by employees to prohibit protected conduct, such as being critical of their pay or other conditions of work, co-workers, or their employer. [read post]
22 May 2012, 4:37 am
Paul (whom I knew long ago when I was a young lawyer in Boulder, CO) wrote a tough but, to my mind, spot-on attack on my post. [read post]
13 Apr 2023, 9:16 am
Patent Title US 11589674 B2 Side rail mounted organizer US 11591937 B2 Remotely mounted idler gear US 11591003 B2 Stowable steering column US 11591574 B2 Optical-quality surface that imparts spatial control of macrophage fusion US 11594682 B2 Semiconducting polymer blends for high temperature organic electronics US 11592201 B2 Space conditioning control and monitoring method and system US 11595430 B2 Security system using pseudonyms to anonymously identify entities and corresponding… [read post]
23 Jan 2010, 5:46 pm
Libertarians should fear government co-opting the private sector. [read post]
