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Full-Text Articles in Supreme Court of the United States

The Little Statute That Gets No Respect: How Courts Have Ignored The Administrative Procedure Act With Respect To Whether Pre-Enforcement Challenge Provisions Are Exclusive, Arthur Sapper Nov 2020

The Little Statute That Gets No Respect: How Courts Have Ignored The Administrative Procedure Act With Respect To Whether Pre-Enforcement Challenge Provisions Are Exclusive, Arthur Sapper

Brigham Young University Journal of Public Law

No abstract provided.


Caught By The Cat’S Paw, Sandra F. Sperino Aug 2020

Caught By The Cat’S Paw, Sandra F. Sperino

BYU Law Review

Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.

The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …


Invasion Of The Content-Neutrality Rule, William D. Araiza Aug 2020

Invasion Of The Content-Neutrality Rule, William D. Araiza

BYU Law Review

No abstract provided.


Merchant Restraints In Ohio V. American Express—Why The Supreme Court Got It Wrong, Trent Earl Mar 2020

Merchant Restraints In Ohio V. American Express—Why The Supreme Court Got It Wrong, Trent Earl

Brigham Young University Journal of Public Law

No abstract provided.