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26 Jun 2024, 9:31 pm by Josh Blackman
" I learned long ago not to use the word "emotional" when describing anything a woman does. [read post]
26 Jun 2024, 8:47 pm by Steven Calabresi
Kennedy's posts about vaccine skepticism, during Covid, does not mean that the Biden Administration will behave this way in the future. [read post]
26 Jun 2024, 8:25 pm by Stephen Halbrook
Justice Sotomayor added that "I remain troubled by Bruen's myopic focus on history and tradition," yearning for the days of "means-end scrutiny that this Court rejected in Bruen. [read post]
However, as Justice Kavanaugh explained, “[u]nder Article III of the Constitution, a plaintiff ’s desire to make a drug less available for others does not establish standing to sue. [read post]
26 Jun 2024, 3:15 pm by Josh Blackman
This timing suggests that the Court does indeed hold big cases till the end of the term, and does not always release them right away. [read post]
26 Jun 2024, 3:01 pm
Though nowhere in the opinion does it say so (as it sometimes does).Plus, to add to the irony, the non-attorney Mr. [read post]
26 Jun 2024, 2:01 pm by Eric Goldman
As I explain below, I’m not sure if the plaintiffs can overcome the standing problems created by the services’ content moderation freedom. [read post]
26 Jun 2024, 1:54 pm by Will Baude
But it does tell us some useful things about standing doctrine and the role of the Supreme Court. [read post]
26 Jun 2024, 1:53 pm by Annsley Merelle Ward
  In no party manifesto does she spy the two words that we love to see in embrace -  "intellectual" and "property". [read post]
26 Jun 2024, 12:25 pm by Lawrence Solum
Finally, I argue that the Court's avoidance of a strict traditionalist analysis in Eighth Amendment cases is evidence that a majority of the Court does not believe that traditionalism is required by the Constitution itself, and thus that the practice could be abandoned in favor of a method of another method of constitutional construction. [read post]
26 Jun 2024, 12:12 pm by Eugene Volokh
" However, Superintendent Baumann disclaimed District involvement with the posters when he told the school board, "I don't know if I would say our goal is to have them up in the schools. [read post]
26 Jun 2024, 12:06 pm by Guest Blogger
To those who are navigating obstacles, whether they be professional setbacks, personal trials, or both, remember this: Our challenges do not define us; rather, our response to them does. [read post]
26 Jun 2024, 11:26 am by Asheesh Agarwal
”[1] In one 2020 paper, the FTC’s staff examined a large potash merger and concluded that the “evidence does not indicate that the firms were able to impose an anticompetitive price increase in the wake of the merger. [read post]
26 Jun 2024, 10:43 am
  I am posting and providing brief reflections on the essays that make up the excellent new online symposium organized by the marvelous Caroline Omari Lichuma and Lucas Roorda and appearing on the blog site of the Business and Human Rights Law Journal. [read post]