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Photo by Anne R on Pexels.comBy: Kelsey Cloud Comprising 21.3 percent of total retail sales in the United States, e-commerce, or the buying and selling of products and services over the Internet, signifies a paradigm shift away from traditional brick and mortar stores and toward stores in the digital landscape. [read post]
24 Feb 2021, 8:23 am by Jayne Ponder
 As Justice Thomas reflected in his recent statement on the denial of certiorari in Malwarebytes, Inc. v. [read post]
22 Feb 2021, 4:30 am by Public Employment Law Press
Citing Massaro v New York State Thruway Authority, 111 AD3d at 1003, the court said "An unwarranted invasion of personal privacy has been characterized as that which would be offensive and objectionable to a reasonable person of ordinary sensibilities" Here DCS "particularly and specifically justified its denial" when it stated that the correlation of names and home zip codes invaded employee privacy, and offered to release a summary or de-identified… [read post]
21 Feb 2021, 4:00 pm
            As always, a good place to start the diagnostic process is with a decision of the United States Supreme Court. [read post]
19 Feb 2021, 1:28 pm by Ilya Somin
United States (1960), "[t]he Fifth Amendment's guarantee that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole. [read post]
16 Feb 2021, 9:01 pm by Michael C. Dorf
So too, there are many state statutes and state court interpretations of state constitutional provisions that, like RFRA and RLUIPA, require government to justify substantially burdening religious freedom, even when doing so pursuant to neutral laws of general applicability.Accordingly, for over two decades, the United States has had two somewhat distinct legal regimes for evaluating religious freedom claims: where the Smith rule governs, free… [read post]
12 Feb 2021, 11:53 am by Philip Bobbitt
There is a rather fey textual argument I have heard that runs like this: Of course you can disqualify someone who is not a civil officer of the United States. [read post]
10 Feb 2021, 12:48 pm by Jonathan H. Adler
After reconsideration of the issue, it is now the position of the United States that the amended Section 5000A is constitutional. [read post]
10 Feb 2021, 6:00 am by Kevin Kaufman
When is a transaction subject to the digital advertising tax “in the state”? [read post]
9 Feb 2021, 1:42 pm by Lydia Estep
In addition to the state and federal courts of D.C., VA, and M.D., he is a member of the Federal Courts in Puerto Rico, Colorado, and Texas, as well as the Court of Federal Claims, the Federal Circuit, where he has recently argued and won three appellate matters, the Veteran’s Court of Appeals, and the United States Supreme Court, where he was lead counsel on a False Claims Act case (See United States ex rel. [read post]