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21 Aug 2022, 9:01 pm by Lina M. Khan
Today’s action marks the beginning of the rulemaking proceeding. [read post]
20 Aug 2022, 2:43 pm by Eugene Volokh
City of Laredo, _ F.4th _, _–_ (5th Cir. 2022) (Ho, J., concurring). [read post]
16 Aug 2022, 11:01 am by J. William Leonard
In the days since former President Donald Trump announced on his social media platform that the Federal Bureau of Investigation (FBI) had executed a search warrant at his home and business at Mar-a-Lago, there has been much discussion as to what authorities Trump has or had as a former president and what laws or regulations he may have violated by possessing documents with classification markings outside of proper controls. [read post]
 To do so, he first conducted a review of the ‘general’ case law on threats, which draws on disputes from the patent, trade mark and design right fields. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s environmental… [read post]
31 Jul 2022, 6:30 am by Guest Blogger
Helms (2000) stands as a significant development in the Court’s views.7 Any program that excludes religious schools or entities from public benefits shows a marked absence of neutrality between religious and secular spheres. [read post]
24 Jul 2022, 12:05 am by Frank Cranmer
Quick links Lucinda Chaplin and William Carter, Lexology: Gender Identity v Gender Beliefs. [read post]
17 Jul 2022, 9:05 pm by Stephen M. Bainbridge
Rev. 65, 113 (2006) (noting that the project “proved very controversial”). [6] William J. [read post]
15 Jul 2022, 1:08 am by Kluwer Patent blogger
But apparently, in a meeting of Dutch prime minister Mark Rutte with his Mario Draghi earlier this year, Rutte unexpectedly told his Italian colleague that the Dutch would give up their aspirations, which left Milan – which has claimed the division since long – as a favorite candidate. [read post]
6 Jul 2022, 6:56 pm
It can also be understood as shared perceptions of the meaning of reality backed by massive background consensus (Jürgen Habermas, Between Facts and Norms (William Rehg (trans) MIT Press, 1996); pp. 22, 322); or as biopolitics (the narratives through which social and political power may be normalized over the control and management of the bodies of the living and their relationship to physical and abstract objects and the technologies of control) (Michel Foucault, The… [read post]