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3 Jul 2018, 6:00 am by Lene Powell
Under Section 4c(a)(5), the CFTC must show bidding or offering with the intent to cancel the bid or offer before execution. [read post]
3 Jul 2018, 5:32 am by Andrew Hamm
Hawaii, in which the court voted 5-4 to uphold Trump’s order restricting entry into the United States by nationals of seven countries, David Cole writes for the New York Review of Books that “if [Chief Justice John] Roberts did not close his eyes” to “the evidence that the ban was targeted at Muslims,” “he certainly looked away. [read post]
2 Jul 2018, 9:01 pm by Neil H. Buchanan
Less broadly, Justice John Paul Stevens infamously “failed the First Amendment” with his dissenting 1989 vote that would have allowed governments to ban flag burning, a view that he did not change in subsequent years.The point is that finding exceptions to rules does not mean that there are no rules. [read post]
2 Jul 2018, 9:18 am by Myers Freelance
Algorithms are Closely-Held Secrets The fact that keyword stuffing does not lead to an automatic and debilitating penalty is news to a lot of online marketers. [read post]
2 Jul 2018, 3:00 am by Victoria Clark
John Milewski will moderate a discussion with Earl Anthony Wayne, Duncan Wood, Christopher Wilson, Eric L. [read post]
29 Jun 2018, 12:31 pm by Theodore Shaw
Writing for a 5-4 majority, O’Connor fully embraced Powell’s diversity rationale in Bakke. [read post]
29 Jun 2018, 6:28 am
The court as an institution does not like to see itself as the instrument of an ideological movement. [read post]
29 Jun 2018, 5:25 am by Bobby Chen
Chief Justice John G. [read post]
28 Jun 2018, 2:48 pm by Edith Roberts
” Chief Justice John Roberts notably relied on a similar approach in 2015, in King v. [read post]
28 Jun 2018, 11:32 am by John Floyd
That sworn allegiance does not apply to the Fourth Amendment of the Constitution. [read post]
28 Jun 2018, 8:00 am by Harold Hongju Koh
The most recent, startling example is Chief Justice John Roberts’ pronouncement in his 5-4 majority opinion in Trump v. [read post]
28 Jun 2018, 5:19 am by Quinta Jurecic
Trump (@realDonaldTrump) June 26, 2018 Less expected, tucked into Chief Justice John Roberts’s majority opinion, was the court’s condemnation of Korematsu v. [read post]
28 Jun 2018, 3:09 am
In 2008, the majority in a 5-4 decision said in District of Columbia v. [read post]
27 Jun 2018, 2:33 pm by Amy Howe
Bollinger, the court – by a vote of 5-4 – upheld the University of Michigan Law School’s affirmative-action policy. [read post]
27 Jun 2018, 2:04 pm by MOTP
This court generally does not consider arguments raised for the first time on appeal unless the party shows "extraordinary circumstances"—that "the issue . . . is a pure question of law and a miscarriage of justice would result from our failure to consider it. [read post]
27 Jun 2018, 1:08 pm by Toby Heytens
Those decisions all have something in common with each other and with Janus: Every single one of them was decided by a vote of 5-4. [read post]
27 Jun 2018, 12:25 pm by Zarine Kharazian
It does not express a view on matters not before the Court; does not disturb the application of Smith and Miller or call into question conventional surveillance techniques and tools, such as security cameras; does not address other business records that might incidentally reveal location information; and does not consider other collection techniques involving foreign affairs or national security. [read post]
27 Jun 2018, 12:25 pm by Zarine Kharazian
It does not express a view on matters not before the Court; does not disturb the application of Smith and Miller or call into question conventional surveillance techniques and tools, such as security cameras; does not address other business records that might incidentally reveal location information; and does not consider other collection techniques involving foreign affairs or national security. [read post]
27 Jun 2018, 11:49 am by Lyle Denniston
As a current illustration of his key role, there were 17 decisions in the just-ended term that were decided by 5-to-4 votes, and Kennedy was in the majority on every one of them. [read post]