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8 Dec 2022, 4:00 am by Michael C. Dorf
The most conservative Justices seemed especially concerned about the prospect of state courts relying on airy constitutional notions of fairness to invalidate political gerrymanders. [read post]
7 Dec 2022, 2:22 pm by Amy Howe
Gore: whether the state court decision is “such a sharp departure from the state’s ordinary modes of constitutional interpretation that it lacks any fair and substantial basis in state law. [read post]
The Ninth Circuit Court of Appeals outlined the requirements for the nominative fair use defense in the 1992 case New Kids on the Block v. [read post]
7 Dec 2022, 10:14 am by Josh Blackman
This example also echoed another case pending before the Court this term: Andy Warhol Foundation v. [read post]