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2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
31 Jul 2022, 5:53 am by Bill Henderson
This is embarrassing for a lawyer because we’re supposed to be “member[s] of a learned profession” who “cultivate knowledge of the law beyond its use for clients. [read post]
27 Jul 2022, 10:35 am by Guest Author
*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
19 Jul 2022, 2:59 pm by Kevin LaCroix
In the following guest post, the authors revisit the question of whether or not securities class action lawsuits against development-stage biotech companies are likelier to survive a motion to dismiss compared to securities suits against other kinds of companies. [read post]
16 Jul 2022, 10:57 am by Russell Knight
In a divorce “[w]here children are involved, the primary objective of the court is to provide adequate support for the children” In re Marriage of Stone, 155 Ill. [read post]
6 Jul 2022, 6:56 pm
Memory, Solidarity, and Social Collectives in Heartland and Periphery: From the Chinese Massacre of 1911 in Torreón, Mexico to the 1944 Landing at Normandy;          Larry Catá Backer (Access here) C. [read post]
6 Jul 2022, 7:02 am by Bernard Bell
Smith, 494 U.S. 872, 883–85 (1990), and re-establish the “balancing” test established by Sherbert v. [read post]
6 Jul 2022, 1:00 am by Harbir Deol
SPECIAL THANKS We appreciate the assistance of Patrick W. [read post]
25 Jun 2022, 5:46 am by Russell Knight
“[W]hen an opponent suppresses information, as to prevent the inquirer from realizing what has occurred, the failure to d [read post]
25 Jun 2022, 4:02 am by Rebecca Tushnet
Transfer in gross/Buying TMs: powdered energy drink w/caffeine isn’t similar enough to a drink w/no similar ingredients but caffeine. [read post]
24 Jun 2022, 9:03 am by Rebecca Tushnet
A man riding a horse on the front of a t-shirt: of course you’re trying to make that association w/Polo, equestrian organizations aside. [read post]
24 Jun 2022, 4:36 am by Rebecca Tushnet
So even if we’re persuaded on TM use we have to think about the scope of that right. [read post]
21 Jun 2022, 10:25 pm by Matthias Weller
 30-34 Choi, Sung-Soo “Review of the several issues of the Convention on the Recognition and Enforcement of Foreign Judgments”, Gachon Law Review 14 (2021), pp. 37-68 (available here) Clavel, Sandrine ; Jault-Seseke, Fabienne “La convention de La Haye du 2 juillet 2019 sur la reconnaissance et l’exécution des jugements étrangers en matière civile ou commerciale : Que peut-on en attendre ? [read post]