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7 Oct 2019, 9:01 pm by Joanna L. Grossman and Grant Hayden
These rulings tended to focus on lack of congressional intent, with little by way of analysis about the nature of sex or sexual orientation discrimination (and the obvious ways in which they might be part and parcel of the same type of stereotypical thinking and decisionmaking).At the federal level, it matters whether Title VII protects against sexual orientation discrimination because there is no other wide-ranging source of protection. [read post]
2 Oct 2019, 9:01 pm by Neil H. Buchanan
I cringe now to remember a moment when, during my first year of graduate school in 1981, I tried to impress a young woman by telling her that “I’m determined to use mathematical rigor in solving the world’s problems. [read post]
30 Sep 2019, 6:00 am by Brian Gallini
We’ll begin in my first substantive post with how the performance of Adnan Syed’s attorney, M. [read post]
29 Sep 2019, 4:08 pm by INFORRM
The Data Matters blog from Mischon de Reya had a piece “Children’s data protection rights: a data protection casualty? [read post]
25 Sep 2019, 9:01 pm by Neil H. Buchanan
He frames his entire campaign around the idea that Trump uniquely threatens America’s democracy and even decency—a claim that happens to be terrifyingly true yet ignores what the Republican Party has become over the past generation, Trump or no Trump.The Biden message is: Pick me, I’m okay. [read post]
19 Sep 2019, 9:56 am by Eugene Volokh
Circuit decision, which the IRS has since adopted into its regulations).[13] I'm not certain this is so; I think the Supreme Court may well conclude that this so-called "methodology" standard, like the "sufficiently full and fair exposition" standard, is so subjective as to provide too much room for deliberate or subconscious viewpoint discrimination.[14] But even if such a "methodology" test is sufficiently clear to be constitutional, it must be applied… [read post]
18 Sep 2019, 2:00 pm by Ron Friedmann
For example, firms A, D, J and M are generally agreed by observers to be in the same strategic group, yet there’s considerable variation in their clients’ perceptions of work type mix. [read post]
17 Sep 2019, 5:43 am by Eugene Volokh
He was separated from [M.] and the school instituted a safety plan for [M.] to ensure distance between the boys. [read post]
15 Sep 2019, 10:00 pm by Daniel E. Cummins
Aug. 9, 2019 Munley, J.), the court granted in part and denied in part a Motion to Dismiss a Plaintiff’s negligent infliction of emotional distress claim in a fatal trucking accident matter. [read post]
11 Sep 2019, 8:12 pm by Shea Denning
This post sets forth my (admittedly preliminary) thoughts on those matters. [read post]