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The US Supreme Court Wednesday issued a 6-3 opinion ruling that Michael Hewitt, an oil rig employee making over $200,000 annually, qualified for overtime under the Fair Labor Standards Act (FSLA). [read post]
10 Feb 2023, 3:00 am by Jim Sedor
In 2019, Justice Elena Kagan told a congressional committee that Chief Justice John Roberts was “seriously” studying the issue. [read post]
17 Dec 2022, 4:40 am by Guangjian Tu
In the unanimous opinion delivered by Justice Kagan, the Supreme Court explicitly states that: “Accordingly, a court must hold a party to its arbitration contract just as the court would to any other kind. [read post]
6 Dec 2022, 9:01 pm by Michael C. Dorf
Might it make a difference, as Justice Kagan suggested, if the couple asks the web designer to include a message like “God blesses this Union”? [read post]
28 Nov 2022, 2:05 pm by David Kwok
Alito asked Michael Dreeben, arguing for Ciminelli, why this deception should not count as wire fraud. [read post]
14 Nov 2022, 4:00 am by Guest Author
Most famously articulated by then-professor Elena Kagan in her paper “Presidential Administration,” the view is roughly that presidential supervision ties agency policymaking to the national electorate. [read post]
12 Nov 2022, 12:08 am by Immigration Prof
In Defense of Deportation Defense by Michael Kagan, UC Davis Law Review, Vol. 56, 2022 Abstract Recent years have seen growing momentum toward expanding public funding for legal defense of immigrants fighting deportation. [read post]
8 Nov 2022, 4:00 am by West Coast Environmental Law
As Michael Burger summarized, “Congress didn’t clearly tell EPA that it could eliminate coal from the fuel mix. [read post]
4 Nov 2022, 4:00 am by Amy Salyzyn
For readers seeking a thorough overview of this topic, I recommend Michael Conklin’s recent article arguing that American judges should refrain from making pop culture references in their decisions. [read post]
3 Nov 2022, 7:44 am by Michael Caruso
Michael CarusoAs David's loyal readers know, this is a momentous year for the Supreme Court. [read post]
27 Oct 2022, 4:53 am by Emma Snell
Michael Crowley reports for the New York Times. [read post]
26 Oct 2022, 6:58 am by INFORRM
Thomas J explicitly eschewed any standard of review such as strict or intermediate scrutiny, and it was with this that the minority (Breyer J; Sotomayor and Kagan JJ concurring) took most issue. [read post]
14 Oct 2022, 2:28 pm by Charlotte Garden
The stakes are high for workers who, like plaintiff Michael Hewitt, earn six figures, but are paid by the day or shift; Hewitt was an oil-rig “toolpusher,” though workers in other occupations, such as nurses, will also be affected by this decision. [read post]
12 Oct 2022, 4:32 pm by Mark Walsh
“Let’s say that I’m both a Prince fan, which I was in the ’80s …” Thomas says, before Justice Elena Kagan interrupts him. [read post]
12 Oct 2022, 2:56 am by Immigration Prof
Regulatory Constitutional Law: Protecting Immigrant Free Speech without Relying on the First Amendment by Michael Kagan, Georgia Law Review, Forthcoming Abstract The Supreme Court has long deprived immigrants of the full protection of substantive constitutional rights, including the right to... [read post]