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18 Apr 2019, 9:01 pm
This week’s proposal by President Trump that immigrants detained at the border be relocated to so-called “sanctuary” cities (which the federal government has previously defined as jurisdictions that refuse to assist in federal immigration enforcement), so that these cities will bear the costs of absorbing the detainees, is not the first time the federal government has considered punishing (as distinguished from simply withholding federal funding from) sanctuary jurisdictions. [read post]
8 Apr 2019, 7:22 am
In one matter, the proponent asked Amazon to report on how it handles hate speech and the sale of off [read post]
10 Mar 2019, 12:24 am
ACT | The App Association has thankfully already debunked that BS with a short post that points to a more detailed write-up by a Gibson Dunn lawyer (PDF). [read post]
7 Mar 2019, 9:01 pm
But it is quite possible a court will rule that HLR is sufficiently connected to the university for purposes of triggering Title VI and Title IX while also finding that its admissions and article selection practices are distinct from the activities of educational professionals upheld in Grutter and Fisher.The Fate of University Affirmative Action More GenerallyThus far we have been asking how lower courts, applying existing precedent, might view the HLR matter. [read post]
22 Feb 2019, 5:59 am
Dunn, Mr. [read post]
21 Feb 2019, 9:01 pm
” This assertion is simply wrong as a matter of current Supreme Court case law. [read post]
19 Feb 2019, 9:01 pm
In our democracy, more speech is to be favored over less speech (especially as to controversial matters of public policy), and the proper answer to unwise or hurtful speech is better, counter speech, not silencing (or allowing someone else to silence) the original speaker.As against these concerns of government manipulation/distortion and conferral of a Heckler’s veto, of course, the important government objectives of fiscal integrity and the avoidance of violence must be weighed.The… [read post]
19 Feb 2019, 2:21 pm
’s “multi-factored analysis”, as he put it, saying that four of the factors are required by section 162(1) (location, subject matter, purpose, awareness or consent) and the other five (whether the conduct was observation or recording, its manner, existence of rules, relationship and personal attributes) “are ones properly considered in the determination of a fit sentence once a conviction has been entered, rather than in the definition of the offence” (SCC,… [read post]
9 Feb 2019, 2:34 pm
Dunn v. [read post]
6 Feb 2019, 4:42 pm
The defences of truth, honest opinion and publication on a matter of public interest all failed. [read post]
1 Feb 2019, 7:19 am
Clients can expect long delays when dealing with government agencies, even on routine matters, he noted. [read post]
28 Jan 2019, 8:18 pm
Perplexed about why the company made no effort to defend him as the founder and longstanding public face of the company from what he believes was unfair treatment by the media, and why the company instead seemed intent on abruptly cutting ties with him without investigating the matter, Schnatter questions whether his fellow directors fulfilled their fiduciary obligations. [read post]
24 Jan 2019, 9:01 pm
But neither of those observations addresses the key question in this case: what, if anything, in the federal Constitution interferes with a state’s control over its subdivisions, which control is ordinarily a matter reserved for state law? [read post]
22 Jan 2019, 3:05 am
Schumer recommended [several months ago] the White House nominate former SEC staffer Allison Lee to fill a vacancy on the commission left by the recent departure of Kara Stein, the people familiar with the matter said. [read post]
14 Jan 2019, 6:03 am
Dunn, 375 P.3d 332 (Kan. 2016) (stating that the jurisdictional rule has “quickly become the minority view,” and abandoning it under Kansas law). [read post]
14 Jan 2019, 5:12 am
Hoover, for example, should be described as a trade mark for vacuum cleaners - which is exactly what my Bloomsbury Concise English Dictionary does (except that it adopts the American convention of joining the words "trade" and "mark").The Directive, unhelpfully, prescribes no mechanism for enforcing this right, saying only that the proprietor has the right to request the publisher to put matters right, and that this must be done without delay and certainly in the next… [read post]
10 Jan 2019, 9:01 pm
In my last column, Part One of this series, I examined a lawsuit challenging the Arizona state law scheme for holding a replacement election to fill the US Senate vacancy created by John McCain’s death last year. [read post]
2 Jan 2019, 6:14 am
The FHP is still investigating the matter. [read post]
27 Dec 2018, 9:01 pm
There is good authority (at least in the US Courts of Appeals) that “shall issue” means “must issue,” and since Governor Ducey has failed to start the vacancy-filling election machinery by issuing election writs, he has flouted his responsibilities under the plain language of the Amendment.Whether, when he does issue election writs, he can abide by the November 2020 date for a vacancy-filling election embodied in Arizona law is a tougher matter. [read post]
26 Dec 2018, 3:42 am
Here’s an excerpt from this Gibson Dunn blog: “As currently envisaged, starting on December 27th, the SEC “will have only an extremely limited number of staff members available to respond to emergency situations involving market integrity and investor protection, including law enforcement. [read post]
