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24 Feb 2024, 1:10 pm by Rebecca Tushnet
Introduction: Jeanne Fromer Private actors pursue their own interests. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
Post’s new book, The Taft Court: Making Law for a Divided Nation, 1921-1930, is the latest installment of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. [read post]
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, 1:50 pm by David Super
  Some convention advocates argue for counting all applications for any purpose, meaning that Article V applications passed for campaign finance reform can help ALEC advance its agenda. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
They argue that trademark uses are more likely to infringe, and non-trademark-uses are less likely to infringe, but that using this dichotomy as an “approximate” in the interest of efficiency is outweighed by complications that render individual cases (specifically in the example of keyword purchases) distinct. [read post]
23 Feb 2024, 12:34 pm by John Elwood
The state of Texas argues that Sandoval did not raise that argument in a timely manner and has forfeited it. [read post]
Chief Judge Mary Murguia vacated the panel’s previous decision setting up another test for the scope of the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. [read post]
23 Feb 2024, 10:13 am by Levin Papantonio
The Mississippi Court of Appeals reversed the trial court's grant of summary judgment (Smith v. [read post]
23 Feb 2024, 8:00 am by Sasha Volokh
If only Harvard's lawyers had argued this First Amendment theory. [read post]