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28 Sep 2021, 9:01 pm by Michael C. Dorf
Whether the charge of hypocrisy fairly applies in such circumstances depends on the nature of the law—to what extent it addresses freestanding evils versus solves collective action problems—as well as the grounds for seeking to change it.GerrymanderingWhat about gerrymandering? [read post]
28 Sep 2021, 9:00 pm by Lesley Wexler and Jennifer Robbennolt
In other words, amends, rather than the current approach of arbitrary and unsatisfying ex gratia payments, are better suited to winning hearts and minds.And what about the military’s interests in those locations where the United States has no or few boots on the ground and is not interested in winning hearts and minds? [read post]
28 Sep 2021, 4:54 pm by Patricia Hughes
In response, the condominium board maintained the claimants had given up their right to express their religious views this way by signing the declaration of co-ownership; they also suggested a communal succah on the condominium grounds (Amselem, para. 13). [read post]
This would allow controllers to charge a fee for responding to a DSAR over a certain cost limit, but not give them grounds for refusal of the DSAR. [read post]
Lord Justice Arnold considered this gives effect to the statutory provisions already in place and does not introduce any new ground for refusing patent applications. [read post]
27 Sep 2021, 11:00 pm by Hayleigh Bosher
This is a review of The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution by Laura R. [read post]
We nonetheless hope that we have something helpful to offer on these matters.Some proponents or opponents of abortion rights ground their arguments on one or the other of two discontinuous events. [read post]
27 Sep 2021, 8:50 pm by Simon Lovegrove (UK)
Diversity and inclusion is an aspect of culture where the investment management sector has considerable ground to make up. [read post]
27 Sep 2021, 3:33 pm by Matthieu Dhenne (Ipsilon)
I have no intention of commenting these decisions here, I simply want to try to understand how such a farfetched (and useless) idea, could have gained such ground in such a short time. [read post]
27 Sep 2021, 12:59 pm by Emily Dai
Event Announcements (More details on the Events Calendar) Monday, Sept. 27, 2021, at 5:00 p.m.: The Center for Strategic & International Studies (CSIS) will host a discussion on Japan’s defense procurement and technology policies and the potential to further strengthen defense cooperation with the United States. [read post]
26 Sep 2021, 1:08 pm by Josh Blackman
Scalia spent nearly four decades building a legal school of thought from the ground up. [read post]
25 Sep 2021, 2:36 pm by Eugene Volokh
From a West Virginia Attorney General's opinion handed down two weeks ago, but just posted on Westlaw, the conclusion: [A] law requiring all state employees to be vaccinated or requiring all businesses to demand vaccine passports from all patrons would violate our State's constitution (as it should be properly understood) and violate both state and federal law. [read post]
25 Sep 2021, 8:53 am by Kevin LaCroix
Even amongst all the other works of the great masters the most interesting art in the museum is in a small gallery on the ground floor containing the collection of 14 paintings by Francisco Goya now known as the Pinturas Negras (Black Paintings). [read post]
25 Sep 2021, 7:27 am by John Ross
Which, says the Third Circuit, is both super weird and perhaps grounds for a First Amendment retaliation claim. [read post]
24 Sep 2021, 3:48 pm by Steve Bainbridge
On Thursday, Marco Rubio announced that he had "introduced the Mind Your Own Business Act, which would enable shareholders to hold woke corporations accountable. [read post]
24 Sep 2021, 3:14 pm by Eugene Volokh
" In this instance, while it is true that Tarlecki had no legal grounds for giving McGee a request for his business information [given that Pennsylvania's Right-to-Know law only binds government agencies], she never acknowledged the lawlessness of her action, even after McGee inquired about the Right-to-Know request at a Township meeting. [read post]
24 Sep 2021, 11:22 am by Eugene Volokh
" UPDATE: The Justice Department Standards for Consideration of Clemency Petitioners also expressly contemplate the possibility of "pardon on grounds of innocence or miscarriage of justice," though they unsurprisingly note that such applicants "bear a formidable burden of persuasion" (since the Justice Department's strong presumption is that people convicted in federal court were indeed justly convicted). 3. [read post]
24 Sep 2021, 6:01 am by Eugene Volokh
The court denied a preliminary injunction against the university's Bias Response Team, on the grounds that it "lacks any authority to discipline or otherwise punish students for anything" and thus doesn't have sufficient coercive power to trigger the First Amendment, the university's policy restricting "harassing" speech, on the grounds that the challengers' planned speech wouldn't fall within that policy in any event, and the policy… [read post]
23 Sep 2021, 10:27 pm by Josh Blackman
Such a sweeping assertion of judicial supremacy cannot be grounded in the Court's precedents–and don't even think of saying Marbury! [read post]
23 Sep 2021, 9:31 pm by Josh Blackman
" The memo further argued that Roe, while not beyond criticism, had a grounding in constitutional law "stronger than it currently seems fashionable to recognize. [read post]