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9 Jun 2023, 8:01 am by Tom Dannenbaum
  The function of specifying this bright line is to avoid the challenges associated with applying t [read post]
5 Jun 2023, 10:30 pm by Sherica Celine
These cases had created a bright-line physical presence test for substantial nexus before a state could impose a duty on an out-of-state vendor to collect sales or use tax. [read post]
5 Jun 2023, 6:39 am by Joel R. Brandes
There is no bright line rule for an age at which the Court should consider a child sufficiently mature. [read post]
1 Jun 2023, 8:15 pm by Guest Author
  The Court expressly teed up the issue when it granted certiorari in Loper Bright Enterprises v. [read post]
31 May 2023, 10:58 am by Stephen Dnes
It trusts the regulator completely on policy: in this case, what counts as bright enough to be called daylight. [read post]
26 May 2023, 12:35 pm by Joel R. Brandes
Supp. 2d 147, 165 (D.Me. 2010) (close question whether a “very bright” eight-year-old was sufficiently mature to invoke exception); Rodriguez, 817 F.3d at 478 (11-year-old); Garcia v. [read post]
The court concluded its opinion by stating that this test provides a predictable application for public officials and is a bright line in an otherwise blurry context. [read post]
This post is the first of four looking at the decision of Smith J in Lidl & another v Tesco & another [2023] EWHC 873 (Ch). [read post]
19 May 2023, 4:00 am by Michael C. Dorf
(Even Justice Thomas thinks the Constitution limits state protectionist laws, but he would locate protection in the Import/Export Clause of Article I, Sec. 10 and the Privileges and Immunities Clause of Article IV, Sec. 2).In addition, pursuant to Pike v. [read post]
16 May 2023, 6:30 am by Sabina Henneberg
The Varieties of Democracy (V-Dem) Project, which seeks to measure democracy globally, identified eight countries in 2022 that “bounced back” from authoritarianism after having previously made democratic gains. [read post]