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8 Nov 2021, 1:30 am by Patrick Bracher (ZA)
A further challenge by the municipalities on the ground that there had not been consultation for the amended regulations was rejected. [read post]
7 Nov 2021, 4:52 pm by Omar Ha-Redeye
Those exemptions may be firmly grounded in valid public policy. [read post]
7 Nov 2021, 7:15 am by Ilya Somin
While I remain unpersuaded by their objections on substantive grounds, pragmatic considerations suggest that an alternative date is worth considering, if it can sidestep objections and thereby attract broader support. [read post]
7 Nov 2021, 4:06 am by Stephen Pitel
At common law the phrase “carrying on business” is used for two distinct aspects of taking jurisdiction: presence, where it grounds jurisdiction (see Chevron), and assumed jurisdiction, where it gives rise to a “presumptive connecting factor” linking the dispute to the forum (see Club Resorts). [read post]
6 Nov 2021, 11:30 am by Eugene Volokh
In addition to the First Amendment grounds the motion argues, based on an extensive affidavit from the requester, that the redactions were improper and, in any event, that the cat was already out of the bag. [read post]
5 Nov 2021, 3:57 pm by Eugene Volokh
The Capitol grounds consist of over 200 acres, and the "Christmas at the Capitol" display is contained within a relatively small area of these grounds. [read post]
5 Nov 2021, 11:39 am by Stephen E. Sachs
, that there's no constitutional right to preenforcement review, that federal courts are required to act only in cases filed on proper grounds and between proper parties, and so on. [read post]
5 Nov 2021, 11:30 am by Stephen E. Sachs
So there's no way for the Court to rule on this ground without abrogating that part of Taylor v. [read post]
5 Nov 2021, 5:34 am by Eugene Volokh
The court rejected plaintiffs' claims against Exoo on various grounds, including this: D'Ambly alleges that Exoo intentionally interfered with his prospective economic benefit. [read post]
5 Nov 2021, 5:01 am by Robert Corn-Revere
" This is bad, he argues, because "constitutionalizing the right of freedom of speech leads to an anti-liberal mindset," and "[s]o long as we imagine that the Constitution is the common ground that people of all political persuasions can adhere to, it cannot be progressive. [read post]
4 Nov 2021, 4:41 pm by Thaddeus Mason Pope, JD, PhD
That is one of the grounds on which I argued the dispute resolution provisions of the Texas Advance Directives Act violate constitutional procedural due process.This may also be one of the grounds argued by Tinslee Lewis before the Tarrant County court in January 2022. [read post]
4 Nov 2021, 7:41 am by Roger Parloff
  In the overwhelming majority of all cases (88 percent), defendants have been charged with “entering or remaining” in a restricted federal building or grounds (18 U.S.C. [read post]
4 Nov 2021, 7:05 am by Brook Fulks
The grounds are divided between no-fault grounds and fault grounds. [read post]
4 Nov 2021, 6:55 am by Jonathan H. Adler
While many vaccine mandates are challenged on religious liberty grounds, I do not expect that to be a fruitful line of attack here. [read post]
3 Nov 2021, 6:39 pm by Eugene Volokh
But even in such fora, the government can't discriminate based on viewpoint, and the court concluded that here such viewpoint discrimination was likely happening: [T]he City Defendants invoked controversial, inflammatory speech by rally speakers, as well as plaintiff's alleged support of the attack on the Capitol, as grounds for cancellation of plaintiff's event. [read post]
3 Nov 2021, 11:25 am
., 78 AD2d 206 (1st Dept. 1980), affd 54 N.Y.2d 700 (1981)(the statutorily mandated two-year limitations period for fire losses, contained in  subdivision (e) section 3404 of the Insurance Law, did not preclude the inclusion in the policy of a shorter limitations period for nonfire losses).Yesterday I wrote up a coverage analysis and opinion for a client on first- and third-party claims stemming from a longstanding leak of home heating oil from an above-ground storage tank… [read post]