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3 Jul 2023, 4:00 am
There is no shortage of commentary on how the Roberts Court is moving constitutional law far to the right.One important aspect of the Court's cases this term that so far has gone mostly unnoticed, however, is how much uncertainty these opinions have created and how much discretion lower court judges will have in the future to decide important cases based on the judges' values and politics--not text, history, or precedent. [read post]
30 Apr 2016, 7:37 am
Only an autonomy theory would say that only humans are bearers of speech, and distinguish between humans and their tools. [read post]
11 Oct 2013, 12:24 pm
So, to the extent there's diminished confidence in the securities markets, the SEC has all the tools available to address that. [read post]
20 Jul 2021, 12:54 am
Part 3: trade mark scope & enforcement Chapter 11, by Robert Bone, argues that the likelihood of confusion test should be recalibrated to check for (actual) harms "of the sort that trademark law cares about" [at 278, earlier work here]. [read post]
2 Jan 2023, 6:30 am
Goetz & Robert E. [read post]
9 Aug 2022, 4:30 am
To the extent Chief Justice Roberts holds the same views, which he does, Roberts does not claim the originalist mantle.Thomas' affirmative action opinions are nothing more than his effectuating his personal value judgments through a living Constitution method of interpretation. [read post]
21 Jun 2013, 11:48 am
Robert Joseph Valerio, No. 12–12235 (June 20, 2013). [read post]
29 Mar 2018, 4:00 am
Mueller has investigative tools that congressional investigating committees lack. [read post]
25 Sep 2017, 5:14 am
Listen to Chief Justice Roberts: “Get a warrant. [read post]
10 May 2018, 11:11 pm
Are we using the most modern inspection tools and procedures? [read post]
12 Dec 2006, 9:17 pm
Now one might believe that these tools do not perfectly measure the tradeoffs between all goals of antitrust. [read post]
27 Jun 2011, 12:37 pm
Government can help build awareness of parental control tools and methods, and punish deception, but there is no Constitutional justification for restricting this new and evolving form of speech. [read post]
18 Jun 2013, 9:30 am
Of course the Framers and ratifiers lacked the tools and language of modern collective action theory. [read post]
16 Oct 2018, 10:44 am
EFF sent a letter stating its support for this law, which makes it more likely that body-worn cameras will be used as a tool for holding officers accountable, rather than a tool of police surveillance against the public. [read post]
24 Oct 2015, 5:32 am
According to Margulies, “the key virtue, Caldwell and Carlin suggested, was openness to using a range of tools” to counter security threats. [read post]
16 Oct 2017, 6:30 am
Have you been interviewed by Robert Mueller’s team or informed by them that you are a subject of their investigation? [read post]
18 Apr 2015, 9:48 am
Internet/digital tools: new wave didn’t need labels. [read post]
17 May 2023, 11:53 am
The FBI had claimed—and Special Counsel Robert Mueller had affirmed—that the whole thing started when an Australian diplomat named Alexander Downer provided the U.S. with information that a Trump campaign advisor named George Papadopoulos had volunteered in a London meeting over drinks that the Russians had “dirt” on Clinton in the form of “thousands of emails. [read post]
23 Jun 2017, 10:16 am
During an interview on Fox and Friends this morning, President Trump kept open the possibility of firing Robert Mueller, Special Counsel on the Russia investigation. [read post]
16 Apr 2018, 4:00 am
With speculation about whether President Trump will fire Special Counsel Robert Mueller continuing to swirl, we’ve seen several developments related to legislation that would protect the special counsel. [read post]
