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13 Jun 2024, 7:55 pm by Mary Bruce
Forensic analysis can be detailed and technical but provides compelling evidence in court. [read post]
13 Jun 2024, 7:51 pm by Josh Blackman
Or the Court could not meaningfully distinguish the arguments raised in Judge Ho's concurrence from the various environmental cases. [read post]
13 Jun 2024, 7:32 pm by Mary Bruce
While it gives employers broad discretion, there are exceptions, such as discrimination or retaliation, which can be challenged in court. [read post]
13 Jun 2024, 7:16 pm by Sabrina I. Pacifici
Many of the Supreme Court’s most consequential cases of this term came from the 5th Circuit, including the gun control case U.S. v. [read post]
13 Jun 2024, 7:16 pm by Mary Bruce
Stay calm, document interactions, and gather evidence to strengthen your case. [read post]
13 Jun 2024, 7:00 pm by Howard Friedman
But under Article III of the Constitution, those kinds of objections alone do not establish a justiciable case or controversy in federal court. [read post]
13 Jun 2024, 6:40 pm by Kurt R. Karst
  Citing to a 2004 Supreme Court case, Verizon Commc’ns., Inc. v. [read post]
13 Jun 2024, 6:00 pm by Josh Blackman
Nor will this Court now create such a novel standing doctrine out of whole cloth. [read post]
13 Jun 2024, 5:35 pm by Howard Bashman
Supreme Court says jab at Trump can’t be trademarked; The man behind the case wanted to sell T-shirts with the phrase he said conveys the idea that Trump and his policies ‘are diminutive’; It brought some levity to the dry world of Trademark law. [read post]
Hearing the case, the European Court of Human Rights unanimously concluded that Article 10 (freedom of expression) of the Convention had been violated. [read post]
13 Jun 2024, 5:20 pm by Howard Bashman
“The Supreme Court’s abortion pill case is only a narrow and temporary victory for abortion; The decision is unanimous, but it leaves open two routes Republicans could take to pull mifepristone from the market”: Ian Millhiser has this essay online at Vox. [read post]
13 Jun 2024, 4:36 pm by Christopher J. Walker
In particular, we would like to include panels on the following topics: the state of deference after Loper Bright / Relentless, including what the decision means for earlier cases/interpretations, how agencies could/should respond to the Court’s decision, and what will happen in the lower courts; time bars in administrative law cases after a decision in Corner Post; appropriations and other implications of CFPB v. [read post]
13 Jun 2024, 4:31 pm by Christopher J. Walker
Trump] by Seth Barrett Tillman Reasoning with Formalized Statutes: The Case of Capital Gains and Losses by Sarah B. [read post]
13 Jun 2024, 3:43 pm by Anthony J. Noonan
We learned last year that the Supreme Court of the United States (SCOTUS) decided to take up this case “to resolve whether the Lanham Act’s names clause violates the First Amendment. [read post]
13 Jun 2024, 3:35 pm by Ronald Mann
” Her first point is that the majority’s history was wrong: “[T]he Court’s evidence [drawn from] loosely related cases … does not establish a historical analogue for the names clause. [read post]
13 Jun 2024, 3:16 pm by Eugene Volokh
Amin: This case stems from an incident where the Defendant is alleged to have stalked, taunted, and harassed a group of Israeli citizens for over ten minutes while they were sightseeing in Times Square, culminating in the assault of one of the tourists. [read post]
13 Jun 2024, 2:21 pm by Jonathan H. Adler
In an appropriate case, however, the Court should address whether associational standing can be squared with Article III's requirement that courts respect the bounds of their judicial power.The post Justice Thomas Takes Aim at Associational Standing appeared first on Reason.com. [read post]
13 Jun 2024, 1:44 pm by Ronald Mann
” Jackson joined her colleagues in the decision to send the case back to the lower court for reevaluation under the four-factor test. [read post]