Tag Archives: Exception

Healthcare-related exception in FCC TCPA order upheld

On March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision on the Federal Communications Commission (FCC) omnibus order of 2015, relating to challenges to the FCC’s determination on healthcare calls and three … Continue reading

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Kagan on Chevron's Liberty Exception

Michael Kagan (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Chevron's Liberty Exception (Iowa Law Review, Forthcoming) on SSRN.  Here is the abstract: This Article argues that the Supreme Court’s practice in immigration cases reflects an unstated … Continue reading

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Seventh Circuit Applies Ministerial Exception to Hebrew Teacher at Jewish School

Steven D. Schwinn, John Marshall Law School The Seventh Circuit ruled this week that the First Amendment's ministerial exception barred a Hebrew teacher's Americans with Disabilities Act claim against her employer, a Jewish school. The ruling is the first time… … Continue reading

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Chancery Refuses Invitation to Apply Garner Exception to Attorney-Client Privilege

Anyone interested in the most complete and recent explanation of the Garner exception to the attorney-client privilege needs to read the Delaware Court of Chancery’s ruling in Buttonwood Tree Value Partners, L.P. et al. v. R.L. Polk & Co., Inc., … Continue reading

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CFTC on Bitcoin Retail Transactions After Bitfinex “Actual Delivery” Exception Enforcement Action

The CFTC defines its authority over retail commodity transactions involving virtual currency and Bitcoin after it brought enforcement actions against Bitfinex for not meeting “actual delivery” exemption. On Friday 15th 2017 the CFTC released a Proposed Interpretation of its view of … Continue reading

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