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18 Oct 2023, 1:52 pm
[Serial-blogging my recent article in the Journal of Free Speech Law] Previously, I blogged the abstract, introduction, Part I, and Part II of my new article, Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny, which has just been published in the Journal of Free Speech Law. [read post]
17 Oct 2023, 10:56 am
Cir. 2010) (as quoted in Apple Inc. v. [read post]
17 Oct 2023, 9:23 am
" (This was so even though there was "no evidence of an improper censorial motive. [read post]
16 Oct 2023, 7:32 am
Bill Walsh Chevrolet-Cadillac, Inc. [read post]
13 Oct 2023, 7:20 am
Playtime Theatres, Inc. [read post]
10 Oct 2023, 7:08 am
" To be sure, the law was not static; "[i]n the first decades after the adoption of the Constitution," the rule that "truth or good motives was no defense" to libel "was changed by judicial decision, statute or constitution in most States. [read post]
9 Oct 2023, 4:00 am
American Trucking Associations, Inc., which applied the "intelligible principles" standard deferentially to uphold a Congressional delegation to the EPA. [read post]
6 Oct 2023, 12:25 pm
Ag Pro, Inc., 425 U.S. 273 (1976); Anderson’s-Black Rock, Inc. v. [read post]
6 Oct 2023, 8:37 am
Is the attorneys’ fee shift motivating some or all of this lawsuit? [read post]
5 Oct 2023, 5:44 am
Moreover, Respondent's individualized perception of the events going on around her is particularly relevant to understanding her motivation for and intent behind the statements made in her tweets. [read post]
2 Oct 2023, 2:30 am
“The key motivating factor for my career choice is all about sustainable impact. [read post]
2 Oct 2023, 2:30 am
“The key motivating factor for my career choice is all about sustainable impact. [read post]
29 Sep 2023, 4:00 am
Today is the Symposium in Honor of Professor Sherry Colb, hosted by Rutgers School of Law in Newark and co-sponsored by the Cornell Law Review. [read post]
24 Sep 2023, 9:02 pm
Zap Surgical Systems Inc., the Court found that while an “expectation of success” was not explicitly identified by the Board in its Final Written Decision (FWD), the trial record nonetheless demonstrated that this aspect of the obviousness ground was satisfied, explaining (here): Unlike a motivation to combine determination, which requires an explicit analysis, a finding of reasonable expectation of success can be implicit. [read post]
21 Sep 2023, 11:05 am
Zap Surgical Systems, Inc., — F.4th — (Fed. [read post]
20 Sep 2023, 9:05 pm
Sahara Enterprises, Inc. by holding that a shareholder is not required to provide a reason behind a stated need for a valuation to assert the inspection right. [read post]
20 Sep 2023, 9:24 am
This process, while not infallible, removes some of the issues of bias that experts might have, including personal or financial motivations.[37] On the other hand, the owners of the AI system may guard the data set as part of protecting their investment in the machine. [read post]
19 Sep 2023, 2:24 pm
This process, while not infallible, removes some of the issues of bias that experts might have, including personal or financial motivations.[37] On the other hand, the owners of the AI system may guard the data set as part of protecting their investment in the machine. [read post]
12 Sep 2023, 6:31 am
ATI Physical Therapy, Inc., September 6, 2023, Chang, E.).The defendant physical-therapy company, ATI, had issues retaining physical therapists. [read post]
5 Sep 2023, 9:05 pm
”[11] These theorists see themselves as the Good Guys in the sense that they support a common-good conservatism or a common-good constitutionalism against the evils they perceive in both the libertarianism of contemporary conservatives (understood as embracing individual economic rights) and the agenda of political liberalism (understood as having a broad conception of human and civil rights).[12] The new common-good conservatism diagnoses the Enlightenment itself as the motivating… [read post]
