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14 Aug 2022, 6:02 am by Jack Goldsmith
” As the Supreme Court stated in Department of the Navy v. [read post]
11 Aug 2022, 5:01 am by Eugene Volokh
On one hand, the employer's argument for a right to fire an employee is especially strong when the employee is harming the employer's bottom line rather than helping it (see Part II.F). [read post]
The federal case is pending and being held in abeyance until any appeal of either state court decision becomes final.[2] On April 1, 2022, in Crest v. [read post]
9 Aug 2022, 12:15 pm by Pete Strom
In part, this was due to the Feres Doctrine (Feres v. the United States, 340 U.S. 135), which prohibits individuals from filing a lawsuit or lawsuit based on injuries during their service. [read post]
9 Aug 2022, 9:48 am by Sandy Levinson
  Part of American Stetll sets out the collapse of an older liberal consensus on the meaning of "separation of church and state," encapsulated in the rhetoric (if not necessarily the result) in Everson v. [read post]
8 Aug 2022, 1:02 pm
But I gotta say, the briefs didn't seem that unusual at all, and certainly not so full of animosity and acrimony that I'd have been itching to tell the attorneys to tone it down a ton.I'll admit that counsel for appellant sometimes puts things in a manner that's fairly . . . strong. [read post]
8 Aug 2022, 7:11 am by Courtenay C. Brinckerhoff
The Notice cites several Federal Circuit inequitable conduct decisions to drive home its point: Belcher Pharms., LLC v. [read post]
5 Aug 2022, 4:51 am by Samuel Bray
Barring enforcement-stage review is a strong measure, and the case that approved it, Yakus v. [read post]
4 Aug 2022, 9:04 pm by Guest Contributor
Either a strong consensus or near unanimity is required. [read post]