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8 Oct 2020, 12:12 pm by Matthew J. Roberts, Esq.
Department of Labor (DOL) recently published a proposal for public comment that Secretary of Labor Eugene Scalia said “aims to bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards Act. [read post]
30 Sep 2010, 6:38 pm by James Hamilton
More broadly, the brief, which was signed by Eugene Scalia of Gibson Dunn, noted that proxy access has been one of the most contentious issues in the history of the SEC because disagreements over a proxy access rule prefigure the disagreements that will emerge when proxy access is actually used. [read post]
8 Aug 2017, 1:25 pm by Eugene Volokh
In Randy’s words, “The Subjects of the Constitution” is “a stunner,” “one of those rare pieces that hits you between the eyes and causes you to reconsider how you think about the Constitution”; Justice Antonin Scalia’s concurring opinion in Bond v. [read post]
7 Apr 2011, 2:49 pm by Ted Allen
They contend that the SEC acted in an arbitrary and capricious manner in its treatment of state corporate laws, failed to properly weigh the costs and benefits of access and the availability of less costly alternatives, and failed to adequately consider the impact on competition and capital formation.While it can be difficult to predict the outcome of a case based on oral arguments, the judges appeared receptive to the arguments by Eugene Scalia, the lawyer for the business… [read post]
10 Apr 2014, 6:12 am
Justice Scalia has been particularly skeptical of incumbent self-dealing over the years. [read post]
4 Sep 2015, 8:03 am
At least, according to Justice Scalia, the majority opinion in Obergefell represents “social transformation without representation. [read post]
7 Jul 2021, 7:57 am by Eugene Volokh
And I think all of us need to have an inner Justice Stevens and Rehnquist and Brennan and Scalia (all at once) and more. [read post]
12 Jun 2022, 2:18 pm by Eugene Volokh
" (Justice Scalia would have reached the same result, but by concluding that a petition signature is a legislative act that had historically been viewed as public, and thus wasn't subject to the First Amendment.) [read post]
8 Jul 2008, 6:49 am
See Eugene Volokh, Medical Self-defense, Prohibited Experimental Therapies, and Payment for Organs, 120 Harv. [read post]
11 Feb 2013, 2:22 pm by Doug Kendall
But where are the leading conservative constitutional thinkers on this – Mike McConnell, Eugene Volokh, Randy Barnett, Gary Lawson, and Steve Calabresi? [read post]
1 Aug 2016, 10:05 am by Will Baude
Just flip open even a relatively textualist account of interpretation, like Antonin Scalia and Bryan A. [read post]
25 Sep 2020, 5:53 pm by Jon L. Gelman
“The Department’s proposal aims to bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards Act,” said Secretary of Labor Eugene Scalia. [read post]
2 May 2018, 8:57 am by Eugene Volokh
[Footnote:] In fact, the Free Press Clause might be turned against Justice Scalia, for two reasons. [read post]
26 Jun 2014, 12:21 pm
On these facts, the poor fit noted by Justice Scalia goes to the question of narrow tailoring, which we consider below. [read post]
26 May 2020, 8:53 am by Eugene Volokh
[Footnote:] This brief also does not discuss the original meaning of the Free Exercise Clause, a matter treated in Justice Scalia's and Justice O'Connor's opinions in City of Boerne v. [read post]
8 Jul 2011, 8:16 am by David Lat
Just looking at the offspring of the nine sitting justices, the following individuals come to mind: Eugene Scalia: This son of Justice Antonin Scalia is one of the nation’s leading labor and employment lawyers. [read post]
28 Jun 2010, 4:07 pm by Ilya Somin
On balance, I agree with scholars such as co-blogger Eugene Volokh and Jack Balkin who argue that McDonald will have only a limited practical effect. [read post]