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26 Sep 2023, 2:45 am by SCOTUSblog
Here’s the Tuesday morning read: Texas death row inmate at mercy of supreme court – and junk science (Ed Pilkington, The Guardian)  Why Thousands Of Prisoners Could Be Spared Because Of A Supreme Court Case Over The Word ‘And’ (Alison Durkee, Forbes) Civil rights groups’ power to sue undermined by appellate ruling (Hassan Kanu, Reuters)  Supreme Court to consider taking case tied to NC ‘ag-gag’ law (CJ Staff, The Carolina Journal) The… [read post]
25 Sep 2023, 9:02 pm by Eugene Volokh
Again, honing in on whether the government "intimat[ed] that some form of punishment" will follow a "failure to accede," we parse the speaker's messages to assess the (1) word choice and tone, including the overall "tenor" of the parties' relationship; (2) the recipient's perception; (3) the presence of authority, which includes whether it is reasonable to fear retaliation; and (4) whether the speaker refers to adverse consequences. [read post]
25 Sep 2023, 9:51 am by Eugene Volokh
Grimaldi (2d Cir. 1989), the Second Circuit "establish[ed] a new test for trademark infringement claims where the use of a trademark has both expressive and commercial components. [read post]
25 Sep 2023, 7:32 am by Reference Staff
Kim Wright.Ethical Standards in the Public Sector: A Guide for Government Lawyers, Clients, and Public Officials (3rd ed., 2022) edited by Jennifer G. [read post]
25 Sep 2023, 3:50 am by Peter J. Sluka
’ That conduct, according to the complaint, violated the ‘implied covenant’ that ‘required, inter alia, that [Brightstar] refrain from engaging in, or causing Harvestar to engage in, conflict[ed] transactions to the detriment of Harvestar or plaintiff. [read post]
24 Sep 2023, 12:44 pm by Howard Bashman
“ProPublica Buries Its Clarence Thomas News; The outlet’s latest hit piece unwittingly debunks its own political narrative about the Supreme Court justice”: Ira Stoll had this op-ed in Saturday’s edition of The Wall Street Journal. [read post]
24 Sep 2023, 10:09 am by Gene Takagi
Notable Nonprofit Posts, Articles, & Other Resources: Anti-affirmative action group, emboldened by US Supreme Court, targets scholarships (Joseph Ax, Reuters) How Nonprofits Can Keep Strategy Front and Center (Alan Cantor, Harvard Business Review) Voter Registration Revisited (Bolder Advocacy, AFJ) Charity Fraud & Ballpark Hotdogs: An Update (Linda Rosenthal, For Purpose Law Group) The Philanthropic Collaborative Landscape (Bridgespan Group) How foundations can use impact… [read post]
23 Sep 2023, 7:18 pm by Bill Marler
An Introduction to Salmonella Bacteria Salmonella is a bacterium that causes one of the most common enteric (intestinal) infections in the United States – salmonellosis. [read post]
23 Sep 2023, 6:00 pm by William A. Jacobson
" The post Reuters: Equal Protection Project At Center Of Fight To Eliminate Racial Preferences in Higher Ed first appeared on Le·gal In·sur·rec·tion. [read post]
23 Sep 2023, 6:50 am by Just Security
How Kleptocrats and Associates Use Family Members to Evade Sanctions by Michelle Kendler-Kretsch (@MichelleKretsch) and Anrike Visser (@AnrikeVisser) New Just Security-Oxford Press Publication Book Release: Race & National Security, Professor Matiangai Sirleaf ed. by Tess Bridgeman (@bridgewriter), Ryan Goodman (@rgoodlaw) and Megan Corrarino (@megancorrarino) Podcast: Data Privacy The Just Security Podcast: A Fourth Amendment Privacy Paradox Paras Shah (@pshah518) interview with… [read post]
22 Sep 2023, 2:37 pm by Matthew Guariglia
As one recent op-ed in the Hill noted, “Commonsense reforms to protect Americans’ privacy would not make the law less effective in addressing international drug trafficking or other foreign threats. [read post]
22 Sep 2023, 10:56 am by Rebecca Tushnet
Lanham Act and state unfair competition law: Although Geomatrix alleged disparagement, it failed to describe what “independent harm” occurred in the market or how defendants’ actions actually “influenc[ed] consumers’ purchasing decisions. [read post]
22 Sep 2023, 6:10 am by Tess Bridgeman
The post Book Release: Race & National Security, Professor Matiangai Sirleaf ed. appeared first on Just Security. [read post]
22 Sep 2023, 1:35 am by Béligh Elbalti
Andrew Moran KC and Anthony Kennedy are the authors of Commercial Litigation in Anglophone Africa (2nd Ed Juta), an authoritative work which details the broad framework of the private international law rules in operation in each of the sixteen Anglophone jurisdictions considered; Botswana, Gambia, Ghana, Eswatini, Kenya, Lesotho, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, South Africa,  Tanzania, Uganda, Zambia and Zimbabwe. [read post]
21 Sep 2023, 10:34 am by Joe Mullin
Last month, the President of the College of American Pathologists published an op-ed reminding lawmakers and the public about the danger of patenting the human genome, calling gene patents “dangerous to the public welfare. [read post]
21 Sep 2023, 10:22 am by Howard Bashman
“Bill Clinton Pressures Own Judicial Appointee To Reverse ‘Stupid’ Ruling For Drug Dealer; Re-election campaign has Clinton running scared on his judicial nominations”: Ed Whelan has this post at his “Confirmation Tales” Substack site. [read post]