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The issues are complex, requiring the balancing of competing democratic values: transparency v autonomy; delegation v supervision; objectivity v diversity; tolerance of debate and disagreement v the need to reach some form of functional consensus for collective governance to continue. [read post]

Legal History Blog - http://legalhistoryblog.blogspot.com/

New Faculty Publications – Fall 2023

11 Oct 2023, 3:30 pm by Jacob Fishman

Nguyen v. [read post]

Ross-Blakley Law Library Blog - http://lawlibnews.lawnews-asu.org/

The Unfinished Masterpiece: Will Jack Phillips Soon Be Headed Back to the Supreme Court?

11 Oct 2023, 8:12 am by jonathanturley

In 2018, the nine justices ruled that the state of Colorado was hostile to Phillip’s religious beliefs and that the government can’t force anyone to create custom works of art that communicate a message. [read post]

Jonathan Turley - https://jonathanturley.org/

The Siege of Gaza and the Starvation War Crime

11 Oct 2023, 8:00 am by Tom Dannenbaum

Protocol I, article 50(3); ICTY Prosecutor v. [read post]

Just Security - https://www.justsecurity.org/

Judicial Deference to Administrative Interpretation of Statues: A Broad Comparative View

11 Oct 2023, 7:00 am by Guest Blogger

In the United States, the Chevron doctrine, even with its subsequent limitations, is rather far reaching. [read post]

Balkinization - http://balkin.blogspot.com/

G 1/22 and G 2/22 decided - Competence of EPO to assess whether a party is entitled to priority & possible implicit agreement of a transfer of priority

11 Oct 2023, 1:23 am by Roel van Woudenberg

The PCT application names the three inventors as inventors and as applicants for the United States of America (US) only. [read post]

DeltaPatents EPO caselaw blog - http://dp-patentlaw.blogspot.nl/

California Enacts Law Mandating Climate-Related Financial Risk Reporting

11 Oct 2023, 12:15 am

Rumsfeld v. [read post]

California Corporate & Securities Law - https://www.calcorporatelaw.com/

Is Force an Element of Forcible Rape?

10 Oct 2023, 8:28 pm by Joseph L. Hyde

State v. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

[Eugene Volokh] Justice Thomas Again Speaks Out—But Alone—Against New York Times v. Sullivan Libel Standard

10 Oct 2023, 7:08 am by Eugene Volokh

Suriano v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Tenth Circuit Shows How to Defeat Cert on Off-the-Clock Claims

9 Oct 2023, 3:08 pm by Seyfarth Shaw LLP

But last week in Brayman v. [read post]

The Wage and Hour Litigation Blog - http://www.wagehourlitigation.com

Dividend Recaps: Potential Risks for Private Equity Firms and Their Insurers

9 Oct 2023, 2:34 pm by Kevin LaCroix

In response, policyholders have argued (with varying degrees of success from state to state) that public policy concerns are the properly left to the legislative branch. [read post]

The D & O Diary - http://www.dandodiary.com/

Q&A: Legal and energy experts discuss historic climate case

9 Oct 2023, 11:19 am by Rob Jordan

Barton “Buzz” Thompson served as special master for the United States Supreme Court in Montana v. [read post]

Legal Aggregate - https://law.stanford.edu/legal-aggregate/

The History and Importance of the Jury Trial System – An Excerpt from a Patent Infringement Trial

9 Oct 2023, 8:09 am by Dennis Crouch

Finesse Wireless LLC v. [read post]

Patently-O - https://patentlyo.com

[Eugene Volokh] Criticisms of Obamas (Including Racist Ones), Plus Other Speech, Didn't Qualify as Race-Based Workplace Harassment

7 Oct 2023, 8:57 am by Eugene Volokh

From Yelling v. [read post]