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20 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).William Forbath     Robert Post’s two-volume Holmes Devise History of the Taft Court is a tour de force. [read post]
20 Feb 2024, 4:30 am by Lawrence Solum
Dan Priel (York University - Osgoode Hall Law School) has posted The Legal Realists on Law and Literature ('Legal Realism' in The Elgar Concise Encyclopedia of Law and Literature (Robert Spoo & Simon Stern eds., 2024) Forthcoming) on SSRN. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
‘Common understanding’ has ceased to be the reliance in matters calling for essentially scientific determination. [read post]
17 Feb 2024, 6:00 am by Lawrence Solum
  Here is the abstract: What kinds of reasons should matter in choosing an approach to constitutional or legal interpretation? [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
  Two matters of form are especially notable in this regard. [read post]
16 Feb 2024, 6:30 am by Guest Blogger
” To Brandeis, the only thing that mattered was Butler’s “views as to property. [read post]
16 Feb 2024, 4:12 am by Chris Seaton
So Officers Hernandez and Roberts place Mr. [read post]
16 Feb 2024, 3:00 am by Jim Sedor
’s Presidential Bid MSN – Brittany Gibson (Politico) | Published: 2/14/2024 The super PAC supporting Robert F. [read post]
15 Feb 2024, 9:22 am by centerforartlaw
As a general matter, dealers are expected to act in their own interest, free to buy and sell on their own account, often on behalf of artists, collectors or galleries.[8] Agents, however, act on behalf of the person they are representing—their principal. [read post]
15 Feb 2024, 6:30 am by Guest Blogger
Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930, at xxvii (forthcoming 2024). [read post]
15 Feb 2024, 6:05 am by Robin E. Kobayashi
Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board In the 1785 poem, To a Mouse , Robert Burns observed that the best laid plans of mice and men often go awry. [read post]
15 Feb 2024, 2:54 am by Rachel Casper
He currently works 10-20 hours per month on select environmental and zoning cases, mediations, and other legal matters. [read post]
It does matter that Hur realizes how Biden comes across and is likely to “present himself to a jury. [read post]
14 Feb 2024, 8:15 am by sim1koh2
It does not matter what day or time it is, Shimon gets back to you. [read post]
13 Feb 2024, 11:53 am by Phil Dixon
Thus, the denial of the motion to set aside the judgment was reversed and the matter was remanded for a new trial following a new period of discovery. [read post]
13 Feb 2024, 1:16 am by Chukwuma Okoli
The Supreme Court’s decision in Roberts v Soldiers, Sailors, Airmen and Families Association considered this issue in the context of the common law choice of law rules. [read post]