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22 Nov 2021, 9:01 pm
About three weeks ago, on November 5, the federal Occupational Safety and Health Administration (OSHA), invoking its statutory authority, issued an Emergency Temporary Standard (ETS) that provides that every U.S. employer with 100 or more employees must “develop, implement, and enforce a mandatory COVID-19 vaccination policy” for workers, and require any workers who remain unvaccinated to undergo weekly testing and wear a face mask. [read post]
23 Jun 2024, 9:01 pm
A common narrative these days is that the Supreme Court is a hard-line, partisan, far-right institution dead set on rapidly transforming American society. [read post]
31 Jan 2024, 9:01 pm
Last week the Republican National Committee, along with the Republican Party of Mississippi and a few other plaintiffs, filed a federal lawsuit challenging Mississippi’s practice (in accordance with state law) of counting, in elections for members of Congress or presidential electors, mail-in ballots that are postmarked by “Election Day” but received within five business days thereafter. [read post]
9 Feb 2009, 5:19 am
The Boundaries of Copyright and Trademark/Consumer Protection Law Jason Mazzone, Brooklyn Law School, Who Should Regulate Fair Use? [read post]
20 Nov 2011, 10:41 am
Jason Mazzone has already addressed the main shortcomings of the latest N.Y. [read post]
7 Feb 2019, 9:01 pm
For many law students, membership in and service on an academic journal is a highlight of the law school experience. [read post]
4 Oct 2018, 9:01 pm
Earlier this week, California Governor Jerry Brown signed into law SB 826, a landmark measure that requires each publicly held corporation whose principal executive offices are located in California to have, by the end of 2019, at least one woman on its board of directors. [read post]
16 Mar 2022, 9:01 pm
U.S. [read post]
28 Apr 2022, 9:01 pm
The intersection of race and education is a major flashpoint in the courts. [read post]
3 Feb 2021, 9:01 pm
The Senate has announced that when it convenes later this month for the second impeachment trial of former President Donald J. [read post]
26 Jun 2023, 9:01 pm
A recent controversy over an invited-speaker event at the University of Pittsburgh (a public university in Pennsylvania known as “Pitt”) illustrates how both sides in free speech controversies at public universities seem to do and say untenable things, and also how the Supreme Court could improve matters by providing more clarity on key doctrinal and practical questions.The following factual contentions are drawn (and quote) from a demand letter sent to Pitt officials by the Alliance… [read post]
12 May 2020, 9:00 pm
COVID-19 has (rightly) pushed from the headlines almost every political controversy lacking a coronavirus angle. [read post]
4 Mar 2021, 9:01 pm
In the past few weeks, the Supreme Court has been cleaning up some of the untidiness left after the November 2020 presidential election. [read post]
18 Jun 2023, 9:03 pm
The United States Court of Appeals for the Fourth Circuit recently handed down an important 2-1 ruling in a case involving changes in the admissions policy at the Thomas Jefferson High School for Science and Technology (“Thomas Jefferson” or “TJ”) in Alexandria, Virginia, a public STEM-focused school that has a selective admissions process and that has traditionally served high-performing students. [read post]
12 Nov 2012, 8:33 am
Google, by Matthew Jockers, Matthew Sag & Jason Schultz ("[T]he digitization of books for text-mining purposes is a form of incidental or intermediate copying to be regarded as fair use as long as the end product is also nonexpressive or otherwise non-infringing. [read post]
16 Apr 2023, 9:02 pm
In our first column in this series, we discussed the recent free-speech dustup at Stanford Law School (SLS) and Dean Jenny Martinez’s letter to the SLS community announcing (among other things) that all SLS students would be attending a mandatory half-day education session on freedom of speech and related norms of the legal profession before the end of the academic year. [read post]
30 Apr 2023, 9:00 pm
On Friday the North Carolina Supreme Court pulled what the Wall Street Journal editorial board called a “switcheroo. [read post]
10 Aug 2022, 9:01 pm
Near the end of its most recent term, in Dobbs v. [read post]
21 Nov 2024, 9:01 pm
From one perspective, it was only a matter of time before the Pennsylvania Supreme Court slapped down the election officials in a handful of Democratic-dominated counties for attempting to count—in tallying final results for the November 2024 election—mail-in ballots that, although properly signed and timely received, had not been properly dated. [read post]
10 May 2022, 9:01 pm
In Part One of this series, we discussed the historical and doctrinal background of so-called certification, a practice by which federal courts (especially federal appellate courts) certify questions to state high courts when cases in federal court might turn in whole or in part on unresolved questions of state law. [read post]
