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3 Feb 2024, 1:37 pm by Rebecca Tushnet
Property v. property: TM v. domain names; land v. chattels; IP v. consumer goods. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 This claim is, of course, deeply counterintuitive, and it would be very awkward, to say the least, for the Supreme Court to explain to the American people that Section 3 doesn’t apply to someone who’s been President because although that person held an “office,” it wasn’t an office “of the United States. [read post]
30 Jan 2024, 9:05 pm by renholding
People talk of Chevron deference as though it were binary (deference or no deference), but in practice it is not so monolithic. [read post]
30 Jan 2024, 9:02 pm by renholding
 This freedom to speak against the government and government officials is essential in a free society committed to the preeminence of the people. [read post]
29 Jan 2024, 4:35 pm
v=BxL9DRdk6Xc   New Animation: End Hare Coursing In a world where compassion and empathy should be our guiding principles, it is disheartening to discover that some individuals derive enjoyment and profit from the suffering of innocent creatures. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Republican politicians have embraced immigration as a potent political issue. [read post]
29 Jan 2024, 4:00 am by Administrator
Especially after Bedford/Carter, which expanded the grounds on which previous precedents can be discarded, stare decisis is less of a hard-and-fast rule and more of an option in hard cases. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
26 Jan 2024, 9:01 am by Just Security
”  South Africa had argued that the imposition of such a requirement would follow the model the Court had used in the provisional measures phase of Ukraine v. [read post]
26 Jan 2024, 6:33 am by centerforartlaw
While cultural property lost in the 19th and early 20th centuries is hard to reverse, China is taking action to stall the continuous illicit exportation of its artifacts. [read post]
“It’s common sense what we put in as far as the health exceptions… and interpreting it simply shouldn’t be that hard for physicians. [read post]