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10 Jan 2024, 2:12 pm by Guest Author
” Whether intended or not by Justice John Paul Stevens, who authored the unanimous opinion, the Chevron regime has come, over the years, to be viewed as significantly altering the then-existing understanding of the judiciary’s role in reviewing agency decisions. [read post]
23 Dec 2023, 12:38 pm by Michael Lowe
  The USSC is a part of the judicial branch; however, it does not answer to the courts. [read post]
16 Dec 2023, 4:37 am by Just Security
Does A Shift Towards ‘Peace Enforcement’ Spell a Death Knell for UN Peacekeeping? [read post]
13 Dec 2023, 9:05 pm by renholding
The assumption seems reasonable given that PitchBook does not report race. [read post]
11 Dec 2023, 9:01 pm by renholding
Key Takeaways Plaintiffs must prove actual unauthorized reproduction; mere usage of or reliance on an already trained model does not suffice for direct copyright infringement based on AI training. [read post]
8 Dec 2023, 8:50 am by Will Baude
Something like this argument can be found in John Harrison's article on Public Rights and Public Privileges. [read post]
5 Dec 2023, 9:01 pm by Michael C. Dorf
And even if it does, a flood of new cases could strain the federal district courts’ capacity.In light of the looming crisis in administration of federal law, what can be done? [read post]
4 Dec 2023, 8:11 am by Unknown
She met that challenge with undaunted determination, indisputable ability, and engaging candor,” said Chief Justice John G. [read post]
30 Nov 2023, 4:28 am by Ronald Mann
But the three remaining justices (Kavanaugh, Chief Justice John Roberts, and Justice Amy Coney Barrett) seemed open to the possibility of accepting the statutory apparatus. [read post]
29 Nov 2023, 7:55 am
TABLE OF CONTENTS Front MatterFree access Copyright Download PDF Free access Contents Download PDF Free access Contributors Download PDF Free access Foreword John Brigham Download PDF Free access Preface Download PDF Free access Acknowledgements Download PDF Full access Introduction: law as a strategical system of fluctuating signs;  Anne Wagner and Sarah Marusek Download PDF Part I: LEGAL SEMIOTICS AS AN ARENA FOR LEGAL THOUGHTS Full access Chapter 1:… [read post]
27 Nov 2023, 8:30 am by Ronald Mann
Jarkesy does contend in passing that the particular features of the government’s claims against him are much more similar to common-law fraud claims than those in the early public-rights cases. [read post]
20 Nov 2023, 1:40 pm by Tom Joscelyn
Below, we examine the Post’s account of Chesebro’s testimony concerning: his meeting with Trump, his editing of a key memo authored by another lawyer (John Eastman), his description of the role played by other lawyers working for Trump and, finally, his claim that he did not witness any violence at the U.S. [read post]
20 Nov 2023, 4:00 am by Michael C. Dorf
The rest of Article II makes unmistakably clear that the President does not act alone. [read post]
19 Nov 2023, 9:00 pm by Michael C. Dorf
It had been first proposed by the then-Chair of the Senate Judiciary Committee, Senator Patrick Leahy—who in turn had gotten it from retired Justice John Paul Stevens.The new interest in judicial ethics at the Supreme Court makes the pinch-hitter proposal timely once again, but it might not be adequate. [read post]
18 Nov 2023, 10:05 am by Simon Lester
Interplay between the various forms of material injury in AS/AD cases At the outset, it is noteworthy that the Basic Regulation does not contain any definition of “material injury”. [read post]
18 Nov 2023, 10:05 am by Simon Lester
Interplay between the various forms of material injury in AS/AD cases At the outset, it is noteworthy that the Basic Regulation does not contain any definition of “material injury”. [read post]