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13 Sep 2023, 5:38 am
(It also depends on whether legislatures can rescind their ratifications, as some may have done; for more on that, see Michael Stokes Paulsen's General Theory of Article V.) [read post]
13 Sep 2023, 3:09 am
Unit Petroleum Company v. [read post]
12 Sep 2023, 5:06 am
Students can be sanctioned simply if there is “a preponderance of the evidence,” in other words, if it was more likely than not that the misdeed was carried out. [read post]
11 Sep 2023, 6:16 pm
As the Supreme Court stated in D.C. v. [read post]
11 Sep 2023, 4:41 pm
by Dennis Crouch The Federal Circuit recently issued an important decision regarding the analogous art doctrine in Netflix v. [read post]
11 Sep 2023, 3:00 pm
In other words, Congress can delegate all it wants under the major questions doctrine, so long as it is clear. [read post]
11 Sep 2023, 10:00 am
In other words, they alleged that Dr. [read post]
11 Sep 2023, 9:01 am
Rex Real Estate I, L.P. v. [read post]
11 Sep 2023, 7:55 am
Below, I elaborate first on how transaction costs doom the aims of age-verification and verifiable parental-consent laws, and then consider the state of First Amendment precedent for anonymous speech as it relates to age-verification laws. [read post]
11 Sep 2023, 6:37 am
The chain of events leading to the reasonable accommodation denial in Oross v. [read post]
11 Sep 2023, 5:33 am
Meanwhile, the rhetoric now features an attempt to re-interpret the Supreme Court’s 2021 Access Copyright v. [read post]
11 Sep 2023, 4:37 am
Earlier this year, using as a springboard the Maryland intermediate appellate court’s decision in Eastland Food Corp. v Mekhaya, I posted about a topic on which there’s little or no New York law, viz., whether a complaint for minority shareholder oppression stated a valid claim centered on allegations that the directors/majority shareholders, instead of declaring profit distributions for all shareholders, were taking disguised distributions in the form of excessive… [read post]
11 Sep 2023, 2:30 am
The wording of Article 82(1) GDPR requires ‘damage suffered’ as one of three conditions of compensation. [read post]
10 Sep 2023, 5:59 pm
See Cygnus Opportunity Fund, LLC v. [read post]
10 Sep 2023, 9:37 am
The case is called Rich v. [read post]
9 Sep 2023, 7:21 am
” Black’s Law Dictionary (11th ed. 2019) “As such, the word “criminal” encompasses more than a criminal conviction” Wagner v. [read post]
9 Sep 2023, 6:52 am
See Backpage.com v. [read post]
9 Sep 2023, 5:53 am
The Court emphasized the importance of interpreting such cases liberally to safeguard constitutional freedoms and legitimate political discourse, stating that strong political convictions and impassioned words may not necessarily signify seditious intent. [read post]
8 Sep 2023, 3:15 pm
Gainesville Women Care, LLC v. [read post]
8 Sep 2023, 9:09 am
In United States v. [read post]
