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14 Jun 2015, 2:00 pm by Peter Margulies
   The functional approach contrasts with what I’ve called the protective approach, championed by Justices Hugo Black and John Brennan and most recently defended by Steve Vladeck. [read post]
28 Jun 2012, 9:48 pm
If you have to enter into a contract or else pay a fine, then there is an excellent argument that any such forced contract is involuntary, and hence voidable.The other inconsistency I see is between part III-C and part IV-A of Chief Justice Roberts' opinion. [read post]
10 Apr 2013, 9:13 am by Ken
This morning John Steele's brief appeared on PACER. [read post]
4 Aug 2021, 6:34 am by John Jascob
By John Filar AtwoodRobinhood Markets grabbed IPO headlines last week with its $2.1 billion public market debut. [read post]
4 Dec 2022, 5:20 am by Bernard Bell
  Yet the privilege does not cover entering into an attorney-client relationship or engaging in particular communications aimed at furthering an ongoing or future crime or fraud. [read post]
16 Sep 2011, 4:53 pm by Marty Lederman
 I will use boldface to identify what seem to me to be the highlights of the speech: September 16, 2011 Remarks of John O. [read post]
13 Apr 2023, 7:11 am by Eugene Volokh
I thought I'd pass along a long excerpt from this amicus brief, which my students Samantha Frazier, Katelyn Taira, and Jacob Haas and I wrote on behalf of the First Amendment Coalition and myself; for more on the decision below, which indeed rejected pseudonymity, see here. [* * *] Summary of Argument John Doe is trying to punish Jane Doe … for accusing him of sexual assault. [read post]
5 Jun 2015, 8:35 am
Baltimore, MD: Johns Hopkins University Press, 2013. [read post]
26 Feb 2022, 6:51 pm by Samuel Bray
If readers want to go further on what "set aside" means in the Administrative Procedure Act, I highly recommend John Harrison's piece in the Yale Journal on Regulation's Bulletin called "Section 706 of the Administrative Procedure Act Does Not Call for Universal Injunctions or Other Universal Remedies. [read post]
12 May 2014, 6:04 am by Matthew L.M. Fletcher
Richardson School of Law on April 17, 2014 that featured former Hawai‘i Governor John Waihe‘e, III, Chairman of the Native Hawaiian Roll Commission, senior Law Professor Williamson Chang, and Dr. [read post]