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22 Apr 2024, 5:00 am by Bernard Bell
The Court derived the test’s first prong from “the bedrock requirement that ‘the conduct allegedly causing the deprivation of a federal right be fairly attributable to the State,’” asserting that “[a]n act is not attributable to a State unless it is traceable to the State’s power or authority. [read post]
27 Mar 2024, 3:39 pm by Guest Author
Our constitutional order contains an “anti-power-accumulation principle. [read post]
4 Mar 2024, 5:56 pm
Pix credit here In a 53 page opinion, the United States District Court for Northern Alabama has ruled, in National Small Business Association v. [read post]
21 Feb 2024, 7:46 am by Eugene Volokh
[The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.] [read post]
7 Feb 2024, 10:05 am by Guest Author
L.J. 241, 242 n.5 (1987),  https://www.justice.gov/atr/monopoly-power-and-market-power-antitrust-law  (posted by U.S. [read post]
14 Aug 2023, 5:36 am by Guest Author
L.J. 465, 467 (2023) (arguing that the MQD transformed from a tool of “construction” to a tool of “interpretation”); Daniel Deacon & Leah Litman, The New Major Questions Doctrine, 109 Va. [read post]
2 Jul 2023, 3:46 pm by Steve Bainbridge
L. 811, 878 n. 264 (1990). [4] 564 A.2d 651 (Del.Ch.1988). [5] Mary Siegel, The Problems and Promise of “En [read post]
7 Jun 2023, 8:30 am by Guest Author
Bush Administration OIRA head Susan Dudley and former EPA policy official Brian Mannix write that, “[i]n principle, a benefit-cost analysis should be ‘complete. [read post]