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19 May 2017, 10:00 am by Kenneth J. Vanko
Jason feels that a bad-faith fee-shifting clause, akin to what trade-secret law generally allows, would help deter opportunistic non-compete cases. [read post]
27 Dec 2010, 4:40 pm by Lyle Denniston
  The case was South Carolina v. [read post]
3 Nov 2006, 4:45 am
Supreme Court 's 2004 decision in Kelo v. [read post]
16 Oct 2022, 9:02 pm by Vikram David Amar
Hildebrant (in 1916), to Smiley v. [read post]
26 Dec 2011, 9:28 pm by Lyle Denniston
In the challenge by 26 states to Congress’s decision in the Affordable Care Act to expand Medicaid coverage — an expansion that the states claim will simply bust their budgets – the states are relying upon the so-called “coercion theory.”  This has to do with the conditions that Congress tells states they must meet in order to qualify for federal funds to help pay for a public program. [read post]
24 Nov 2020, 1:47 pm by Jennifer Nou
This article is part of a symposium previewing Trump v. [read post]
12 Oct 2010, 11:55 am by Jason Rantanen
  Rather than continue to attempt to articulate the fault element of inducement as if it required a subjective mental state, I suggest that an objective inquiry akin to civil recklessness is more appropriate. [read post]
10 Nov 2014, 8:39 am by Venkat Balasubramani
Maxbounty CA Appeals Court: Claims Under State Spam Statute Not Preempted by CAN-SPAM – Hypertouch v. [read post]
18 Feb 2023, 11:20 am by Gene Takagi
[Is it akin to the selling of products of the charity’s exemption functions – e.g., selling milk, but not ice cream, from a charity demonstration farm – which would be exempt?] [read post]
25 Jun 2012, 11:30 pm by Rumpole
Bullock in which the court said the holding in Citizens United  applies to Montana (and presumably the other 49 states). [read post]