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 This makes sense considering the circumstances of In re Grand Jury: normal tax return preparation advice (which generally is not privileged even when it comes from an attorney) was mixed with legal advice on how to navigate certain tax laws. [read post]
31 Jan 2023, 6:36 pm by admin
Although cited for an irrelevant proposition, the Supreme Court’s selection of the Best’s case was puzzling because the Sixth Circuit’s discussion of the issue is particularly muddled. [read post]
30 Jan 2023, 9:15 am by Unknown
Law Review, vol. 117, no. 4 (2023) [full-text]"Judicial Deference to Incomplete Asylum Analysis," Ohio State Law Journal Sixth Circuit Review, vol. 83 (2022) [full-text]"Kafka’s Bureaucracy: Immigration Administrative Burdens in the Trump Era," Perspectives on Public Management and Governance, vol. 5, no. 1 (2022) [open access]Maryland Journal of International Law, vol. 37, no. 1 (2022) [full-text]- Includes contributions to… [read post]
28 Jan 2023, 6:30 am by Guest Blogger
It used to make sense to speak of the German theater, of the English press, of the French novel, or of the American cinema. [read post]
27 Jan 2023, 12:30 pm by John Ross
Hurrah for good sense, judicial engagement, and rational basis with bite! [read post]
18 Jan 2023, 2:36 pm by Eugene Volokh
"I have wanted to do a project like this for awhile because I feel like I have a good sense for what those people want and need," Corso said, referring to black people. [read post]
17 Jan 2023, 4:00 am by Guest Author
*This is the sixth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
My sense of the matter is that it came into law from the physical sciences via law-and-economics, a subdiscipline with its own pretensions (at least in its early years) to science. [read post]
10 Jan 2023, 6:00 am by Terry Hart
Below is the full text of the Sixth Annual Donald C. [read post]
8 Jan 2023, 4:25 am by jonathanturley
Circuit in Guedes, the Sixth Circuit in Gun Owners of America, and the Tenth Circuit in Aposhian came to opposing conclusions. [read post]
19 Dec 2022, 9:40 am by Phil Dixon
Defenders may therefore argue, Joyner notwithstanding, that use of testimony from an uncounseled hearing is not permissible as a matter of federal constitutional law and that the Sixth Amendment guarantee of confrontation demands more. [read post]
13 Dec 2022, 8:56 pm by Richard Reibstein Esq.
  The first fact mentioned in this factor, addressing whether the worker determines or can meaningfully negotiate the charge or pay for the work provided, has absolutely no relevance to managerial skill as a matter of common sense and business sense. [read post]
9 Dec 2022, 12:30 pm by John Ross
Vending from the same spot on the sidewalk for years may create a lot of things—loyal customers, a sense of place, a nagging pain in your lower back—but it does not, says the Sixth Circuit, create a property right in that spot. [read post]