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3 May 2024, 12:30 pm by John Ross
New York's legislature enacts legislation forcing internet service providers to offer broadband to low-income folks at below-market rates. [read post]
16 Apr 2024, 4:00 am by Eric Segall
"Listen folks, if the law couldn't be applied to books then it can't be applied to movies, and the government had to lose. [read post]
10 Apr 2024, 5:01 am by Eugene Volokh
At oral argument in Paxton, this was a point on which Supreme Court justices seemed to agree. [read post]
3 Apr 2024, 9:01 pm by renholding
After all, every lawyer here knows what the test is to determine whether a crypto asset was offered and sold as an “investment contract,” and therefore a security: it’s the Howey test.[1] It’s not the “essential ingredients” test,[2] or the Beanie Baby test,[3] or some other test that industry folks might like to create for themselves. [read post]
25 Mar 2024, 4:00 am by Eric Segall
The Supreme Court then granted cert and oral argument is tomorrow. [read post]
20 Mar 2024, 7:14 am by Daniel M. Kowalski
A lot of folks on both sides of the ideological spectrum focused on the first takeaway from the Barrett/Kavanaugh concurrence, and missed or downplayed the second. [read post]
28 Feb 2024, 3:30 am by Liz Dunshee
That appeal happened, and the petition for rehearing en banc was granted last week – with oral argument tentatively scheduled for mid-May. [read post]
5 Feb 2024, 2:30 am by Edgar (aka MrConsumer)
We asked Metro’s PR folks if it was fair to orally advertise “no catches” (1) when there were so many qualifications only disclosed in fine print, and (2) when the vast majority of viewers will not be eligible for the advertised price. [read post]
3 Feb 2024, 6:01 am by Jonathan H. Adler
Most folks commenting on whether Section 3 of the 14th Amendment disqualifies Donald Trump from serving as President again approach the question as a constitutional law question. [read post]
17 Jan 2024, 4:30 am by Eric B. Meyer
(Meanwhile, the Supreme Court will hear oral argument today in a case involving what kind of deference, if any, courts should afford administrative agencies, like the DOL, on the laws they administer.) [read post]
4 Dec 2023, 1:33 pm by Dennis Crouch
  During oral arguments, the judges pressed the parties to identify “particularized testimony and linking argument” to support a finding of equivalence — apparently there was not enough. [read post]
21 Nov 2023, 6:51 pm by Stephen Halbrook
" So if we must hold our noses at the allegations against folks like Rahimi, the Court doesn't shy away from protecting the constitutional rights of persons who are far worse. [read post]
25 Oct 2023, 9:01 pm by Vikram David Amar
” This was a luxury tax upon the sort of high-status conveyances favored and flaunted by wealthy and genteel folk; the statute explicitly exempted from the duty “any carriage usually and chiefly employed in husbandry, or for transporting or carrying of goods, wares, merchandise, produce or commodities. [read post]
31 May 2023, 4:00 am by Eric Segall
    Justice Amy Coney Barrett suggesting adoption is a viable alternative to abortion in Dobbs oral argument.18. [read post]