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20 Dec 2018, 9:01 pm by Michael C. Dorf
Severability marks that boundary.Consider that our courts treat particular applications of laws, and not just discrete linguistic subparts of the laws themselves, as generally severable. [read post]
20 Dec 2018, 4:04 pm by Mikhaila Fogel, Benjamin Wittes
Mark Warner, the ranking member on the Senate intelligence committee, have demanded that Trump withdraw Barr’s nomination. [read post]
19 Dec 2018, 9:21 am by Stephen Wermiel
Although he functioned in the shadow of Scalia for many years, he has consistently left his own mark in concurring and dissenting opinions. [read post]
16 Dec 2018, 7:14 pm by Robert D. Lewin
CL and his father consulted with and retained Attorney Robert Lewin from North Andover. [read post]
13 Dec 2018, 12:57 pm by Doreen Lustig
As  Mark Mazower claimed, “beyond the smokescreen of the rise of human rights we see the need to bury the body of the minority regime as deep as possible. [read post]
12 Dec 2018, 10:38 am by Howard Bashman
Mark Sherman of The Associated Press reports that “Trump administration asks Supreme Court to allow asylum ban. [read post]
11 Dec 2018, 5:59 am
Thus the THUNDERBIRD mark "is not entitled to such a broad scope of protection that it is a bar to the registration of any mark comprising in part, the word 'thunder.'"Robert MitchumThe Marks at Issue: Although THUNDER is the first word in each mark, it is a weak source indicator, and so consumers will look to other parts of the marks to distinguish the source of the goods.Of particular significance in our analysis is the… [read post]
11 Dec 2018, 4:00 am by Edith Roberts
At Education Week’s School Law Blog, Mark Walsh reports that the court agreed to review Kisor v. [read post]
10 Dec 2018, 8:48 pm by Camilla Alexandra Hrdy
The dissent in Oil States, written by Justice Gorsuch and joined by Chief Justice Roberts, cited extensively to Mossoff's scholarship in order to support their view that allowing an executive agency to revoke patents was a departure from historical practice, since, Justice Gorsuch wrote, "[o]nly courts could hear patent challenges in England at the time of the founding[," and risked undermining "the promise of judicial independence. [read post]
10 Dec 2018, 10:02 am by Howard Bashman
Mark Sherman of The Associated Press reports that “Justices won’t hear states’ appeal over Planned Parenthood. [read post]
7 Dec 2018, 8:14 am by Howard Bashman
Mark Sherman of The Associated Press reports that “Supreme Court seems likely to keep double jeopardy exception. [read post]
7 Dec 2018, 4:00 am by Edith Roberts
” Additional coverage of the argument comes from Nina Totenberg at NPR, Ariane de Vogue at CNN, Mark Sherman at AP, Lawrence Hurley at Reuters, Jess Bravin for The Wall Street Journal, Richard Wolf for USA Today, and Robert Barnes for The Washington Post. [read post]
6 Dec 2018, 9:10 pm by Jonathan Spontarelli
The investigation had been quiet for months since special counsel Robert Mueller referred it to authorities in Manhattan because it fell outside his mandate of determining whether the Trump campaign coordinated with Russia. [read post]
5 Dec 2018, 4:53 am by Quinta Jurecic, Benjamin Wittes
The media whipped up a bit of a frenzy yesterday in anticipation of Robert Mueller’s filing of his sentencing memorandum in the case of Michael Flynn, the former national security adviser who pled guilty to lying about his contacts with the Russian ambassador and his work for Turkey. [read post]