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26 Apr 2023, 7:01 am by William C. Miller and David F. Klein
The key issue: whether a choice-of-law provision in a marine insurance policy can be rendered unenforceable if its enforcement would conflict with the “strong public policy” of the forum state. [read post]
In other words, it would create significant red tape and compliance costs in an attempt to address an issue that is mostly peripheral to the stated aims, and arguably already dealt with by EU courts in Huawei v. [read post]
24 Apr 2023, 9:30 pm by ernst
Alex Zhang, Emory University School of Law, has posted Separation of Structures, which is forthcoming in the Virginia Law Review:In a series of decisions, Free Enterprise Fund, Seila Law, and Collins v. [read post]
24 Apr 2023, 5:31 am by Emma Svoboda
On April 19, the Supreme Court delivered a decision in Türkiye Halk Bankasi S.A. v. [read post]
24 Apr 2023, 4:47 am by Guest Author
The post <strong>Immodest Modesty, by Jamie Conrad</strong> appeared first on Yale Journal on Regulation. [read post]
23 Apr 2023, 4:02 am by SHG
This sounds remarkably like the “actual malice” standard of Times v. [read post]
21 Apr 2023, 4:41 pm by Anthony Zaller
Indeed, no reported California state court decision has endorsed the Ninth Circuit’s reasoning, and we are of the view that California courts “have been clear in their expression that section 16600 represents a strong public policy of the state which should not be diluted by judicial fiat. [read post]
21 Apr 2023, 5:01 am by Ingrid (Wuerth) Brunk
  The Supreme Court held this week in Türkiye Halk Bankasi, A.S. v. [read post]
20 Apr 2023, 9:01 pm by Michael C. Dorf
In my view, the objective reasonableness requirement sufficiently protects innocent statements, while the state’s interest in preventing actual violence is quite strong. [read post]
20 Apr 2023, 10:26 am by Neil H. Buchanan
  During an oral argument at the Supreme Court, Justice Neil Gorsuch initiated this bizarre exchange, as reported in Slate:During oral arguments in 303 Creative v. [read post]