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10 May 2024, 9:01 am by Matthew A. Seligman
 If the Court adopts the rule that only core Article II functions are shielded from prosecution, then the procedural pathway on remand is straightforward. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Following joinder of issue by respondents, Supreme Court found that "it does not appear that the [APA] board had sufficient information" to consider possible alternative methods of EWM remediation instead of ProcellaCOR or to determine whether to hold an adjudicatory hearing, largely due to the APA staff presentation being rushed, inaccurate and one-sided; Supreme Court held — although acknowledging there were no directives stating otherwise — that staff presentations… [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Following joinder of issue by respondents, Supreme Court found that "it does not appear that the [APA] board had sufficient information" to consider possible alternative methods of EWM remediation instead of ProcellaCOR or to determine whether to hold an adjudicatory hearing, largely due to the APA staff presentation being rushed, inaccurate and one-sided; Supreme Court held — although acknowledging there were no directives stating otherwise — that staff presentations… [read post]
9 May 2024, 9:01 pm by renholding
In addition, providers are exempt if they solely (i) contribute only connectivity software or computing power to securing a network that records digital financial asset transactions or to a protocol governing transfer of the digital representation of value, or (ii) provide only data storage or security services for a business engaged in digital financial asset business activity and does not otherwise engage in digital financial asset business activity on behalf of another person. [read post]
9 May 2024, 11:42 am by Richard Hunt
The easiest way to make a single webpage conform to WCAG requirements is to reduce its complexity and functionality, because the less it does the fewer things must be done to meet those requirements. [read post]
9 May 2024, 9:00 am by Gonzalo E. Mon
Nor does it need to include reasonable third-party shipping costs. [read post]
8 May 2024, 9:01 pm by renholding
Second, the Act authorizes (but does not require) the President to seize any such assets within U.S. jurisdiction for the purpose of transferring those funds to the Ukraine Support Fund, which will be used to fund humanitarian efforts in Ukraine and Ukraine’s reconstruction and rebuilding efforts. [read post]
8 May 2024, 7:45 am by Daniel M. Kowalski
History, as we never cease to relearn, does not repeat itself, but it echoes. [read post]
The contract with PADOH required Insight to, among other things, (i) ensure that PHI and all other information related to the services provided would be “kept confidential and secure”; (ii) use secure devices in performing the contract; and (iii) comply with federal PHI safeguarding obligations. [read post]
As a condition for obtaining and/or renewing a license to operate a commercial cannabis business, applicants, depending on the number of employees, must submit either: (i) a notarized statement that the commercial cannabis business will enter into and abide by the terms of a labor peace agreement; or (ii) demonstrate that the commercial cannabis business has entered into a labor peace agreement by providing a copy of the signature page of the agreement. [read post]
Appreciating First Amendment protections, the ELVIS Act continues to provide certain exemptions from liability, like those found in the 1984 Act, where the unauthorized use is (i) in connection with news, public affairs, or sports broadcast or account; (ii) for the purpose of comment, criticism, scholarship, satire, or parody; (iii) a representation of the person in an audiovisual work (provided it does not create a false impression that the work is an authentic recording of that… [read post]
7 May 2024, 7:05 am by Daniel M. Kowalski
As we will see below, immigration enforcement will play a more central role in a Republican-led government. ii. [read post]
6 May 2024, 9:01 pm by renholding
However, this does not necessarily mean that all of the commissioners agreed on every theory of harm asserted. [read post]