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2 Jun 2023, 2:14 pm
I won’t recapitulate the details of my confusion here, but I will point to a new piece by Bill MacLeod (a past chair of the American Bar Association’s Antitrust Section and a former FTC bureau director) and David Evans, in which they raise an issue I didn’t cover: “The Federal Trade Commission may have filed the first merger complaint in a generation that could be dismissed for failure to state a claim. [read post]
31 May 2023, 4:31 am
David L. [read post]
29 May 2023, 9:01 pm
A fast-moving lawsuit filed and ruled upon last week by a federal district judge highlights fundamental and recurring flaws in the judicial treatment of First Amendment freedom of expression, with plenty of blame to go around among various actors in our constitutional system.The dispute arose at Grand Valley High, a rural public high school about 45 miles from Grand Junction, Colorado. [read post]
28 May 2023, 12:15 am
[With thanks to Simon Hunter and David Lamming for the alert.] [read post]
24 May 2023, 3:29 am
Mark David-Dale Kindy, Opposition No. 91252639 (May 19, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). [read post]
21 May 2023, 9:01 pm
Overruling a past constitutional interpretation that by hypothesis we think was wrongly decided is problematic only where there has been a kind of detrimental reliance on (and not just an expectation of continuation about) the past ruling—reliance that we deem worthy of protection.If we import these concepts of stare decisis back to the debt-ceiling debate, then certain kinds of commitments made by the United States in past decisions must be honored. [read post]
19 May 2023, 2:16 pm
[1] The panelists included: David Chapman (VP, FINRA Market Regulation), Nadja Skelton (Examination Manager in Trading and Execution of FINRA’s Member Supervision Department), A. [read post]
16 May 2023, 3:35 pm
Lead attorneys were David Jensen in Koons and Daniel Schmutter in Siegel. [read post]
15 May 2023, 7:37 am
Cloud gaming is a means of playing games, and if one wanted to deem it a market, it would at best be a nascent market, a niche for the foreseeable future, and highly dynamic with major new entrants all the time. [read post]
12 May 2023, 9:12 am
At David M. [read post]
12 May 2023, 6:00 am
The principal thesis of Jeffery Toobin's excellent new book Homegrown: Timothy McVeigh and the Rise of Right-Wing Extremism is contained in the subtitle. [read post]
12 May 2023, 5:30 am
(David Schraub helped me to see that point). [read post]
8 May 2023, 8:21 am
Silver Law and the Law Firm of David R. [read post]
4 May 2023, 10:25 am
What happens if a federal court deems removal appropriate. [read post]
4 May 2023, 8:47 am
" Instead, the thick, technical original meaning is enough to do the job.Heaney closes his discussion by expressing frustration with certain critiques of originalism that he deems the "Eric Segall school of constitutional thinking":Their conclusion is always, always the same: “I don’t think originalism can honestly solve the problem I have posed, therefore originalism is a worthless fraud and originalists are just making up justifications for imposing their own… [read post]
26 Apr 2023, 5:56 am
Goldsmith/Volokh's argument relies on a transparent legal fiction: that activity on the network can be deemed to take place "in" any jurisdiction from which it can be accessed by users, i.e., that websites are doing business "in Wisconsin" and "in California" whenever they transmit information from or to users located in Wisconsin and/or California. [read post]
21 Apr 2023, 1:40 am
Notably, three of them (former Antitrust AAG Christine Varney, former USPTO Director David Kappos, and former FTC commissioner Noah Phillips) are Cravath partners. [read post]
14 Apr 2023, 7:08 am
Trump did not have a mugshot taken, largely because it was deemed unnecessary due to his public status. [read post]
10 Apr 2023, 12:54 pm
By the same token, securities fraud cases, the authors suggest, “can deter public companies from misleading investors regarding information important to capital markets,” a consideration the authors suggest “cannot be deemed frivolous. [read post]
3 Apr 2023, 6:39 am
David McGowan's A Bipartisan Case Against New York Times v. [read post]
