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3 Mar 2012, 3:18 pm by Jonathan H. Adler
My prior posts on the Koch-v-Cato kerfuffle are here and here. [read post]
26 Apr 2013, 9:03 am by Rebecca Tushnet
Why fight so hard for Wyoming and Utah? [read post]
5 May 2013, 11:48 am by Rebecca Tushnet
A: that’s why it’s hard to argue in favor of any one element being dispositive. [read post]
17 Apr 2018, 11:29 am by Eugene Volokh
There cannot be a rule under which "poor people ... have their speech enjoined, while the rich are allowed to speak so long as they pay damages. [read post]
9 Jul 2023, 9:01 pm by Austin Sarat
” He alleged that the prosecutor had used his peremptory challenges to keep more Blacks from serving on his jury.In Batson v Kentucky, the Court held that “While a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race. [read post]
1 Oct 2008, 4:00 am
If I did not want to be a hermit, it was hard to avoid being with people who smoked pot; this was the early Eighties, and both pot and beer were very popular (and also  unlawful for those under twenty-one to purchase). [read post]
27 Mar 2013, 9:07 am by Graham Smith
In 2000 Mance L.J. said in Hyde Park Residence Ltd v Yelland: “Copyright does not lie on the same continuum as, nor is it the antithesis of, freedom of expression. [read post]
23 Mar 2017, 10:31 am by Rebecca Tushnet
Any general claims about distinctiveness must take into account: eligibility for protection/scope of protection; reality v. policy; words v. non-words; perception by single consumers v. aggregate; consumer search costs approach v. product goodwill approach; US v. [read post]
13 Jun 2022, 5:16 am by Sherry F. Colb
ColbIn Justice Alito's (SA's) leaked opinion in Dobbs v. [read post]
3 Apr 2012, 9:26 pm by VMaryAbraham
It appears that we are hard-wired to draw these inferences in a fast, unreflective way. [read post]
12 Jan 2010, 12:06 pm by Andrew Koppelman
It's already hard enough for talented and capable individuals to be appointed judges without a minority of senators opposing a litmus test. [read post]