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23 Feb 2024, 9:30 pm by ernst
  Much of the research he presents "has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Use expressio unis to get at the fact that the noncommercial use holding is limited to situations where the challenged use is “used as a mark for a commercial product”; the term noncommercial use can reasonably include uses as a mark for political speech—Robert Kennedy, Jr., is using his father’s famous name to promote himself politically (also highlighting the importance of small differences when it comes to speech in the political realm). [read post]
23 Feb 2024, 7:30 am by Guest Blogger
Society of Sisters, on the one hand, and the Roberts Court’s protections of freedom of speech and religious liberty in 303 Creative v. [read post]
21 Feb 2024, 7:46 am by Eugene Volokh
Sidar, written by Judge Toby Heytens and joined by Judges Robert Bruce King and J. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Consider, for instance, the end of the Court’s per curiam opinion in Bush v. [read post]
21 Feb 2024, 4:00 am by Michael C. Dorf
The most obvious class of examples, as I discussed on Monday and as I explain at greater length in the article, consists of so-called "percentage" plans by which various states guarantee admission to a state university to students graduating in a specified top percentage of their respective high school classes.For example, in his dissent in Fisher v. [read post]
19 Feb 2024, 12:36 pm by Dominic Carmello
Captain Robert Johnson, piloting the M/V Strandja, ordered a maneuver that allegedly led to a collision with the Bailey’s barge, resulting in damage to both vessels. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
19 Feb 2024, 4:00 am by Michael C. Dorf
Last year, in the course of severely curtailing race-based affirmative action in higher education (and likely in other contexts too), the majority opinion of Chief Justice Roberts in Students for Fair Admissions (SFFA) v. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
17 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024). [read post]
16 Feb 2024, 9:30 pm by ernst
The Union County Board of County Commissioners is hosting Gibbons v. [read post]
16 Feb 2024, 3:35 pm
(a)(5)) (count 5).The complaint alleged that in 2011 and 2012, Amit Marshall, the owner, president, and director of the Alliance School of Trucking (Alliance) obtained approval from the California State Approving Agency for Veterans Education for Alliance to provide non-college degree trucking programs to veterans eligible for benefits under the “Post-9/11 GI Bill” (38 U.S.C., Pt. [read post]