Law

#MeToo Movement and Its Impact on Substantive Law in the Workplace

The prevailing view has been that there is no underlying substantive change to the legal principles that govern claims of sexual harassment and that, with the right policies and a robust internal ...
JD Supra

Non-Debtor Substantive Consolidation: Do Recent Cases Signal a Judicial Preference for State Law Claims?

It is not unusual for a creditor of a debtor to cry foul that a non-debtor affiliate has substantial assets, but has not joined the bankruptcy. In some cases, the creditor may assert that even though ...
Law

Reform Bail Reform by Rightsizing Substantive Criminal Law

The New York bail reform rewrite of 2022 shows that policymakers continue to grapple with how to deter violent crime while not penalizing indigent individuals accused of non-violent crimes.
JD Supra

Ninth Circuit: Federal Law Governs Substantive Consolidation, and Supreme Court’s Siegel Ruling Does Not Bar Consolidation of Debtors and Nondebtors

In Clark’s Crystal Springs Ranch, LLC v. Gugino (In re Clark), 692 Fed. Appx. 946, 2017 BL 240043 (9th Cir. July 12, 2017), the U.S. Court of Appeals for the Ninth Circuit ruled that: (i) the remedy ...
Reason

The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences

Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns ...
The National Law Review

West Virginia needs Substantive Right of Appeal

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
The National Law Review

Parroting the Elements of the Statute—Without Pleading Any Substantive Facts—Isn’t Good Enough Under Rule 8 for the District of Connecticut

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
The New York Times

Tech’s legal shield draws substantive scrutiny.

Lawmakers delved into Section 230, which largely protects tech companies from legal liability for what their users post. By Cecilia Kang A law that has legally shielded online platforms — Section 230 ...