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19 Nov 2023, 4:58 pm
But I don't consider her views to be outside the so-called "Overton window," and while I acknowledge Sidley's legal right to fire her, I'd prefer to live in a world where employers tolerate a wide range of views on controversial issues. [read post]
15 Nov 2023, 9:19 am
By using case studies, it explores questions of fortuity and path dependence, on the view that there may have been particular periods when the U.S. tax policy Overton window was potentially open to VAT (or VAT precursor) adoption, although it never ended up happening.I see 3 topics of particular interest in responding to the papers, set forth as follows below.1) American exceptionalism: Consider the following two alternative views of American history:a) America is unique, due to factors X,… [read post]
13 Oct 2023, 8:06 am
As for the unsolicited inquiries about plaintiff's retirement, that does not support the claim either, as the Court holds that "these inquiries about Appellant’s retirement, which is a normal topic of conversation between an employer and an employee and are not sufficiently alleged to have 'discriminatory overtones' in this case. [read post]
9 Oct 2023, 6:55 pm
For instance in 1687, in the colony of Pennsylvania, wife Hannah Overton brought evidence of husband Thomas Tunneclif's abuse toward her and their children. [read post]
26 Sep 2023, 6:31 am
Delaware decisions addressing the McDonald’s workforce culture controversy.[1] For notwithstanding their technical Caremark guidance,[2] it has become clear over time that these decisions offer very practical lessons for corporate leadership as to their oversight and decision-making duties Implementing major fiduciary duty lessons often comes slowly to organizations, especially when they have compliance and risk overtones. [read post]
26 Sep 2023, 6:31 am
Delaware decisions addressing the McDonald’s workforce culture controversy.[1] For notwithstanding their technical Caremark guidance,[2] it has become clear over time that these decisions offer very practical lessons for corporate leadership as to their oversight and decision-making duties Implementing major fiduciary duty lessons often comes slowly to organizations, especially when they have compliance and risk overtones. [read post]
21 Sep 2023, 7:58 am
But if the job is to move the range of acceptable arguments and proposals – moving the Overton window, as the political scientists say – the most effective recommendations may well lie beyond the boundary of what could be adopted now. [read post]
5 Sep 2023, 2:03 am
It’s also an issue with political overtones, which means employees may need help understanding how to communicate about the topic with sensitivity and respect. [read post]
5 Sep 2023, 2:03 am
It’s also an issue with political overtones, which means employees may need help understanding how to communicate about the topic with sensitivity and respect. [read post]
31 Aug 2023, 8:02 pm
At the very least, the increasing acceptance of this idea in GOP circles has moved the Overton Window in the wrong direction. [read post]
2 Aug 2023, 1:09 am
Overton & Sally Sharif, Agents with Principles? [read post]
21 Jul 2023, 9:05 pm
In an article published in the Journal of Health and Life Sciences Law, Sarah Somers and Jane Perkins of the National Health Law Program argue that Medicaid work requirements often carry racial overtones. [read post]
3 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin’s new book Against Constitutionalism is extraordinarily rich and provocative. [read post]
2 Jul 2023, 6:30 am
You can see obvious overtones of contemporary left-wing critiques of the U.S. [read post]
29 Jun 2023, 6:05 am
” Attacks on George Soros, a wealthy philanthropist who supports human rights defenders around the world, have become an established part of the far-right authoritarian playbook with antisemitic overtones. [read post]
27 Jun 2023, 12:40 pm
Consider Health & Hospital Corporation of Marion County v. [read post]
14 Jun 2023, 9:30 pm
Bellenoit A Postscript: I've taught a draft of Teal Arcadi's "Concrete Leviathan" article in my first-year Property course, offered in the second semester, when many of the students encounter Overton Park in a Leg-Reg elective. [read post]
12 Jun 2023, 6:43 am
” This includes courts’ “authority to construe treaties and executive agreements,” and the duty to “interpret[] congressional legislation,” despite “the premier role which both Congress and the Executive play in [foreign relations]” and even if doing so “may have significant political overtones. [read post]
10 Jun 2023, 7:00 pm
")The quote, "las ideas no se matan" means "literally"-- ideas can't be killed-but it also carries some overtones-it can be a form of indirect command (don't kill ideas)-or it serves as a reference to the basic set of normative and universal truths which are beyond human power to alter, or to the actual person who holds these ideas and seeks to spread them. [read post]
8 Jun 2023, 9:01 pm
For that task, and in light of Congress’s apparent acquiescence in Gingles, reasonable alternative maps, even if drawn with some attention to race, are acceptable.Implications and ToneMilligan construed a statute, but it has important constitutional overtones. [read post]
