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Monday Morning Regulatory Review – 3/13/17: Unified Agenda Data Call; Rare...

The Administration attempts to move toward a normal flow in the regulatory process as the docket thaws ever so slightly and it instructs agencies on the process of establishing their regulatory...

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Monday Morning Regulatory Review – 3/27/17: Lack of Regulatory Plan As Default

Regulatory practice remains in a curious near-catatonic state two months after the inauguration of a new Administration.  Legislation is amputating prior rules, almost no affirmative regulatory...

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Monday Morning Regulatory Review – 4/3/17: Social Cost of Carbon Withdrawal;...

In another Executive Order, the President of the United States (POTUS) directed subordinates to reconsider certain rules, but this time included a process change that has more subtle process...

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Monday Morning Regulatory Review – 4/10/17: Gorsuch to SCOTUS While SCOTUS...

Unsurprising, the Senate confirmed a new Justice last Friday while the United States Supreme Court (SCOTUS) he is about to join continued adjudicating a minimal regulatory law docket, at least...

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Monday Morning Regulatory Review – 4/17/17: Animal Waste Exception Flushed;...

All relatively quiet on the regulatory front – but that could be deceptive.  One notable decision vacated a rule adopted in the waning days of the Bush Administration in 2008.  Many pending cases are...

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Monday Morning Regulatory Review – 4/24/17: Buy and Hire American; Rethinking...

Executive Orders dominated last week in regulatory practice, with one policy redirection and a second that has potential for doctrinal change.  A limited executive and interagency review docket,...

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Monday Morning Regulatory Review – 5/1/17: Clean Power Plan & Mercury Holds;...

Litigation over two more major rules was put on hold last week, leaving little actual litigation over past Administration rules proceeding – with small exceptions that may be short lived.  At the same...

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Monday Morning Regulatory Review – 5/8/17: Appropriations Impact On...

Regulatory practice last week presented a number of different Congressional interventions – from the complexity of a Consolidated Appropriation for the remainder of the fiscal year, to disapproval of a...

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Monday Morning Regulatory Review – 5/22/17: De-Regulating Model Aircraft

The United States Court of Appeals for the District of Columbia Circuit, last Friday in Taylor v. Huerta, partially vacated the Department of Transportation (DOT) Federal Aviation Administration (FAA)...

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GDPR实施一周年及国家监管机构职责回顾

2019年5月25日,GDPR实施已满周年,一年实施期间让众多跨境企业尤其是在欧洲市场开展业务的跨境企业如履薄冰,社会各界对于GDPR是非功过莫衷一是。周年之际,欧洲数据保护委员会发布官方周年报告First Overview On the Implementation of the GDPR and the Roles and Means of the National Supervisory...

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工程内部承包与挂靠的识别问题

近日某客户要求审查公司内部承包经营合同,经通读全文并与客户确认后发现,客户拟通过签署公司内部承包合同的形式,实现工程资质挂靠之实。因此,本着格物致知的精神,尽可能全面地梳理了内部承包与挂靠相关的法律规范(包括法律、法规、司法解释、地方司法性文件),以探究内部承包与挂靠的“罗生门”。 一、内部承包与挂靠的相关法律规范 《关于改革国营施工企业经营机制的若干规定》...

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1587年与1768年——A YEAR OF NO SIGNIFICANE?

万历十五年,亦即公元1587年,在西欧历史上为西班牙舰队全部出动征英的前一年,而在中国,这平平淡淡的一年中,发生了若干为历史学家所易于忽视的事件。这些事件,表面看来似末端小节,但实质上却是以前发生大事的症结,也是将在以后掀起波澜的机缘。在历史学家黄仁宇的眼中,其间的关系因果,恰为历史的重点,而我们的大历史之旅,也自此开始...... 叫魂——1768年中国妖术大恐慌 万历十五年——无关紧要的一年

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“安慰函”是否构成保证担保的法律分析

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Truth

謊言的代價是什么What is the cost of lies? 并不是它會被錯當成真相It’s not that we’ll mistake them for the truth. 真正的危險是:如果我們聽了太多謊言The real danger is that if we hear enough lies, 會再無法分辨出真相then we no longer recognize the...

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NYC Employee Leave Rights under the Coronavirus / COVID-19 Pandemic

Workers in New York are protected under existing and new federal laws, as well as state laws. In addition to federal and state laws, employees who work in New York City are also entitled to...

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DHS Announces Temporary Flexibility in I-9 and E-Verify Requirements During...

In response to the new challenges presented by the coronavirus pandemic, the Department of Homeland Security (DHS) has announced temporary flexibility in the requirements for completing Form I-9,...

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Changing Paths: Becoming an Attorney as a Second Career

This week we welcome back guest writer Mark Livingston to talk about his path to becoming an attorney after another career. During the 20th Century, it was common for people to have one job for a...

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Privacy v. Speech? Supreme Court to Weigh in on TCPA Restrictions on...

The Supreme Court on May 6, 2020 heard oral argument on a widely-watched First Amendment case that may have broad ramifications for the Telephone Consumer Protection Act and, potentially, government...

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Artificial Intelligence, COVID-19 and the Tension between Privacy and Security

As the world continues to deal with the unprecedented challenges caused by the COVID-19 pandemic, Artificial Intelligence (AI) systems have emerged as a potentially formidable tool in detecting and...

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Making the case for post-secondary education for people in prison

Emily Mooney has this effective new commentary at Politico headlined “We Already Have a Tool That Lowers Crime, Saves Money and Shrinks the Prison Population.”  Here are excerpts: In America,...

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