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In Part One, we laid out the larger First Amendment framework in which the dispute might be located and discussed how the Court’s language and reasoning in Hazelwood School District v. [read post]

Verdict - http://verdict.justia.com/

Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

29 Apr 2024, 9:34 am by Rebecca Tushnet

Leszczynski v. [read post]

43(B)log - http://tushnet.blogspot.com/

On the Internet, “Partners” Don’t Hear You Scream: Daniel Ek Makes a “Bundle” From the Value He Won’t Share

29 Apr 2024, 5:37 am by Chris Castle

These Phonorecords IV rates are in effect for five years, but the next negotiation for new rates is coming soon (called Phonorecords V or PR V for short). [read post]

Music - Technology - Policy - http://www.musictechpolicy.com/

Can a Public High School Punish a Student for Asking a Question that Refers to “Illegal Aliens”? Part One in a Two-Part Series

28 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone

In 1969, in Tinker v. [read post]

Verdict - http://verdict.justia.com/

[Josh Blackman] The Clear Statement Rule and the Major Question Doctrine As Substantive Separation of Powers Canons

28 Apr 2024, 10:28 am by Josh Blackman

During the oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A few preliminary reactions to the oral argument in Trump v. United States

27 Apr 2024, 2:40 pm by Marty Lederman

In sharp contrast with Nixon v. [read post]

Balkinization - http://balkin.blogspot.com/

[Eugene Volokh] No Pseudonymity in Title IX Wrongful-Discipline Lawsuits, Holds Seventh Circuit

27 Apr 2024, 10:32 am by Eugene Volokh

From Friday's Seventh Circuit opinion in Doe v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

HPD on Rebound After Closing Thousands of Sex Crimes Cases for “Lack of Personnel”

27 Apr 2024, 10:02 am by John Floyd

“The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. [read post]

Criminal Jurisdiction - http://www.johntfloyd.com/blog

Predicting the Fate of the FTC’s Non-Compete Ban, by Daniel A. Crane

26 Apr 2024, 11:05 am by Guest Author

However, the case would give Justice Gorsuch a chance to more fully connect the federalism canon and MQD (as he began to do in West Virginia v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Josh Blackman] Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation

25 Apr 2024, 4:12 pm by Josh Blackman

Second, it is true that in 1995, the Office of Legal Counsel suggested in an opinion that the federal bribery statute, 18 U.S.C. [read post]

The Volokh Conspiracy - http://www.volokh.com/

6 quotes from today's oral argument in Trump v. United States.

25 Apr 2024, 3:45 pm

DREEBEN: Well, I think it sounds tautologically true....CHIEF JUSTICE ROBERTS: I think it sounds tautologically true as well, and that, I think, is the clearest statement of the court's holding, which is why it concerns me. [read post]

Althouse - https://althouse.blogspot.com

Net Neutrality and the Paradox of Private Censorship

25 Apr 2024, 12:07 pm by Ben Sperry

NetChoice Oral Arguments In NetChoice v. [read post]

Truth on the Market - http://truthonthemarket.com/

SCT: False Claims Act Actions Based Upon Fraudulently Obtained Patent Rights

25 Apr 2024, 9:46 am by Dennis Crouch

Silbersher v. [read post]

Patently-O - https://patentlyo.com