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3 Feb 2024, 9:52 am by Marty Lederman
 This claim is, of course, deeply counterintuitive, and it would be very awkward, to say the least, for the Supreme Court to explain to the American people that Section 3 doesn’t apply to someone who’s been President because although that person held an “office,” it wasn’t an office “of the United States. [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Also, to the degree © is property-like, authorizing someone else to use a third party’s property is wrongful. [read post]
30 Jan 2024, 9:05 pm by renholding
People talk of Chevron deference as though it were binary (deference or no deference), but in practice it is not so monolithic. [read post]
29 Jan 2024, 2:15 pm by Michael Lowe
Since September 2021, anyone arrested for violation of  Texas Penal Code §43.021 is facing charges of a either state jail felony or felonies of either the 2nd or 3rd degree, as compared to misdemeanor charges in other states. [read post]
27 Jan 2024, 12:33 pm by Mark Ashton
That number takes in people without high school degrees and people, like the obligor, who have graduate degrees. [read post]
26 Jan 2024, 12:37 pm by Guest Author
The second factor that Carr and Simington identify is “the degree to which the regulated entity makes individualized decisions about the speech it carries—as opposed to operating in the main as a conduit for other peoples’ speech. [read post]
25 Jan 2024, 4:06 am by Rob Robinson
That same year, in Caratube v Kazakhstan, confidential information was leaked from the Kazakh government’s IT system and the claimant eventually obtained some of the leaked documents. [read post]
22 Jan 2024, 9:01 pm by renholding
You are probably well acquainted with its successor, rule 506.[2] Prior to the adoption of former rule 146 in April 1974, the Commission did not have rules interpreting section 4(2) of the Securities Act.[3] As a result, issuers faced uncertainty in determining whether a sale of securities did not involve “any public offering” and in applying case law on the topic, including the Supreme Court’s decision in SEC v. [read post]
We have water markets in the Western United States, Australia, Chile, and to some degree in about half a dozen other countries. [read post]
17 Jan 2024, 9:02 am by Jay A. Fernandez
Justin is co-lead plaintiff in a first-of-its-kind class-action lawsuit, Justin v. [read post]
11 Jan 2024, 2:58 pm by Guest Author
 Those include market considerations (like market power as well as the centrality of the regulated medium to public discourse); the degree to which the regulated entity makes individualized decisions about what speech to carry instead of operating mainly as a conduit for other peoples’ speech; whether the challenged law compels a response; and whether the law’s requirements are triggered by the content of speech or risk attributing speech to the complaining party. [read post]
9 Jan 2024, 5:03 pm by Lundgren & Johnson, PSC
(In a first-degree murder case, the preferred method is for jurors to be examined individually and outside the presence of other jurors. [read post]