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30 Aug 2021, 4:41 am
My book discussed numerous areas of constitutional law since the Founding and reached this conclusion:Because the Court functions much more like a political veto council than a court of law...the Supreme Court's power to overturn the important decisions of other governmental officials should be seriously re-evaluated. [read post]
19 Jun 2024, 4:00 am
By now I think you know the answer but, if not, re-read the title of this post. [read post]
21 Oct 2020, 5:00 pm
And calling jurors to courthouses when every indication is that we’re in for another catastrophic round of infection is simply irresponsible. [read post]
14 Aug 2015, 8:42 am
Knowing Steve's work, I expect that he will concur with some parts of what I say and differ with other parts.New Originalists, as I understand it, distinguish between interpretation-- ascertaining original public meaning, and construction-- implementing the original public meaning either in judicial decisions, inter-branch conventions, or constructions by the political branches.The distinction between interpretation and construction is, roughly speaking, that interpretation… [read post]
16 Jun 2019, 8:00 am
It is, to be sure, nothing more than an opinion and an assertion, and it is certainly not the whole story, but the willingness of Republican and movement conservative voters to line-up behind that proudly selfish businessman, creator, and builder of gilded towers, Donald Trump, a man with no background in public service, or seeming concern for res publica -- whose election and installment the American Founders, to a man, would have despaired of and deplored -- owes quite a lot… [read post]
2 Jun 2014, 11:04 am
Major media companies and their friends in Congress and the executive branch have been touting CAS as the exemplar of "voluntary" agreements among the Internet's corporate gatekeepers to reduce infringement. [read post]
14 Jul 2019, 6:01 pm
Mostly to lament something else we've all known for quite a while, even if we're understandably reticent to acknowledge it and say it aloud because it's so deeply disconcerting--namely, that our revered institutions are not, and will not be, bulwarks against what was once unthinkable. [read post]
10 Oct 2018, 6:32 pm
Congress gets to re-write it so long as Congress stays in the lanes set by the Constitution. [read post]
19 Oct 2019, 5:00 pm
Zuckerberg and Facebook support the re-election of President Trump. [read post]
20 Nov 2023, 4:00 am
It refers to Cabinet Secretaries ("the principal officer in each of the executive departments"), military officers, and other officers who serve within the executive branch. [read post]
27 Nov 2023, 4:00 am
We can think of the ACCA as a kind of "four strikes and you're out" rule. [read post]
6 Sep 2016, 10:53 am
If you're interested in the fate of trade secrets law, and you like conflicts of law, I recommend taking a look at Sharon Sandeen and Chris Seaman's paper, Toward a Federal Jurisprudence of Trade Secret Law, when it comes out. [read post]
12 Dec 2013, 5:06 am
Most of the other changes we fought for were ultimately accepted, but not on the cy pres front.But lately we’re more optimistic. [read post]
18 Mar 2014, 9:02 am
And we’re still waiting for records. [read post]
20 May 2020, 3:03 pm
Their lawsuits and threats are attempts at rent-seeking; they’re demanding money from people who make, use, or sell technology just for doing what they were already doing—for crossing the proverbial “bridge” that the patent troll has decided to lurk under. [read post]
1 Nov 2020, 4:00 pm
We’re approaching the ninth month of this pandemic, and the good news is that books written about it are hitting the press. [read post]
29 Sep 2014, 7:00 am
Because the executive branch issued and now implements the executive order all on its own, the programs operating under the order are subject to essentially no oversight from Congress or the courts. [read post]
5 May 2014, 2:48 pm
Were this a libel case, they would fall under the "reckless disregard" branch of the N.Y. [read post]
14 Jun 2021, 9:35 am
The building was fully retrofitted with state-of-the-art earthquake resistant features and re-opened in 1997....Elizabeth A. [read post]
17 Sep 2021, 7:37 am
RingCentral offers voice, virtual private branch exchange, audio and video conferencing, messaging, contact center collaboration, SMS, online meetings, contact center, and fax. [read post]
