Recently by Noel J. Francisco
Legal Operations
Encouraging the Power to Dismiss Indictments: Courts should embrace the criminal analogue to the civil power to dismiss
Courts routinely dismiss civil complaints for failure to state a claim but seldom dismiss criminal indictments under the analogous Criminal Rule 12 for failure to state an offense. This divergent application of materially identical procedural rules has dramatic consequences for criminal defendants...
Read MoreAppellate Law
The Supreme Court Takes The Laboring Oar
Editor: Before we discuss the Canning decision, please tell our readers something about your background. Francisco: I grew up in Oswego, NY, on Lake Ontario. From there I went off to the University of Chicago for both college and law school, then onto clerkships here in DC. I...
Read MoreLabor & Employment
Administrative Dissonance: National Labor Relations Board Decision Making In The Aftermath Of Noel Canning
The National Labor Relations Board (NLRB or Board), the federal agency responsible for enforcing labor laws applicable to most private sector employees in the United States, is once again embroiled in a political and legal controversy that arguably undermines the effectiveness of the agency in...
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