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In July 2009, Ed O’Bannon, a former UCLA men’s basketball player, filed the lawsuit. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
As Post observes, the beginning of the “Taft Court was probably the last moment in the Court’s history when it could authentically inhabit decision-making practices appropriate for final appellate tribunal whose primary task was to settle disputes between litigants” (p. xxxvii). [read post]
20 Feb 2024, 2:16 pm by Josh Blackman
[The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship. [read post]
19 Feb 2024, 4:00 am by Paul Caron
Following up on my previous post, Senior Tenured Law Prof Sues University Of Colorado Alleging Pay Discrimination And Retaliation: Inside Higher Ed, U of Colorado Settles Professor’s Retaliation Suit: The University of Colorado at Boulder has settled a discrimination and retaliation lawsuit that one of its law professors filed against... [read post]
12 Feb 2024, 3:44 pm by Michael Lowe
There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
[Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
 In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 2:02 pm by Marty Lederman
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Supreme Court were to settle upon and announce a definition in this case—particularly one as broad and open-ended as that in Noah Webster’s 1857 American Dictionary of the English Language (which included “the open and active opposition of a number of persons to the execution of law”)—such a ruling could have unanticipated downstream ramifications for other cases that are materially different from this one, and implications for statutes that… [read post]
3 Feb 2024, 2:04 pm by Will Baude
  Accordingly, once we figure out exactly what constraints Section Three in fact imposes, that should settle the matter. [read post]
2 Feb 2024, 1:39 pm by Matthew Ackerman
* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar in New Orleans on February 1, 2024. [read post]
31 Jan 2024, 9:01 pm by renholding
Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead. [read post]
25 Jan 2024, 8:12 am
Gordon (ed) Pantheon 1980, p. 197) of the emerging era of human rights in the context of economic activity. [read post]
24 Jan 2024, 10:30 pm by Maria Magierska
For an extensive commentary on the decision concerning credit scoring and automated decision-making, see this op-ed by Francesca Palmiotto. [read post]
20 Jan 2024, 1:18 pm by Russell Knight
” Parol evidence is “evidence of oral statements” Black’s Law Dictionary (11th ed. 2019) Only when presented with an ambiguous agreement can the court look beyond the written document. [read post]