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3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]
5 Sep 2023, 9:18 am by Daniel M. Kowalski
US Small Business Administration , 992 F.3d 153 (3d Cir 2021), the court sanctioned a lawyer for a sloppy cut and paste job. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s environmental protection… [read post]
8 Nov 2021, 9:40 am by Rick St. Hilaire
” Likewise, ConfédérationInternationale des Négociants en Œuvres d’Art (CINOA) expressed the view that “the scope of ‘illicit activity’ involving antiquities has been highly exaggerated by advocates of implementing such controls. [read post]
8 Nov 2021, 9:40 am by Rick St. Hilaire
” Likewise, ConfédérationInternationale des Négociants en Œuvres d’Art (CINOA) expressed the view that “the scope of ‘illicit activity’ involving antiquities has been highly exaggerated by advocates of implementing such controls. [read post]
8 Nov 2021, 9:40 am by Rick St. Hilaire
” Likewise, ConfédérationInternationale des Négociants en Œuvres d’Art (CINOA) expressed the view that “the scope of ‘illicit activity’ involving antiquities has been highly exaggerated by advocates of implementing such controls. [read post]
8 Apr 2021, 9:52 am by Eric Goldman
  (Id. at 585 n.18) Moreover, the majority discounted the Google-Sun negotiations, noting that a large part of the perceived value of a license was the ability to use the trademarked term “Java” (“branding and cooperation,” slip op. at 33), which Google had to forego when it decided not to license Java and instead to develop Android on its own. [read post]
1 Oct 2019, 6:14 am by Carolina Attorneys
Moran, 509 U.S. 389, 401 n.13 (1993) (“[A] competency determination is necessary only when a court has reason to doubt the defendant’s competence. [read post]
24 Oct 2017, 12:30 pm by Ed. Microjuris.com Puerto Rico
Wolfinbarger, 430 F.2d 1093 (5to Cir. 1970), se adoptó lo que se conoce como la doctrina de Garner. [read post]
13 Apr 2017, 7:18 am by Kelly Phillips Erb
” The form of virtual currency in the United State that has garnered the most notice is Bitcoin. [read post]