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23 Oct 2018, 6:00 am by Sandy Levinson
  I shall note below the implications of this third notion of “fixing” the Constitution, which is in fatal tension with the far more dynamic view of American constitutionalism enunciated by John Marshall in what remains the single most important opinion in our history, McCulloch v. [read post]
23 Oct 2018, 3:45 am by Edith Roberts
United States, a case involving flood damage allegedly resulting from the government’s failure to protect the banks of a canal in Louisiana from erosion, and make clear that “when the government, whether through action or inaction, takes private property, it has a distinct, well-established responsibility to compensate landowners. [read post]
22 Oct 2018, 8:05 am by Mary
For more information, see United States. [read post]
22 Oct 2018, 8:05 am by Mary
For more information, see United States. [read post]
22 Oct 2018, 8:05 am by Mary
For more information, see United States. [read post]
22 Oct 2018, 3:56 am by Edith Roberts
United States Fish and Wildlife Service and a very mysterious brief in opposition for United States v. [read post]
21 Oct 2018, 2:43 pm by Dennis Crouch
DC and the New Need to Eliminate Federal Patent Law Preemption of State and Local Price and Product Regulation, 2007 Patently-O Patent L.J. 30 (Download Sarnoff.BIO.pdf) John F. [read post]
19 Oct 2018, 12:55 pm by Victoria Kwan
Our role is very clear: We are to interpret the Constitution and laws of the United States and ensure that the political branches act within them. [read post]
19 Oct 2018, 6:00 am by Guest Blogger
  John Marshall, the lanky fourth chief justice, slopes into frame for only two brief cameos: a foreshadowing reference to Marbury v. [read post]
18 Oct 2018, 7:04 am by John Elwood
(relisted after the October 12 conference)   United States v. [read post]
18 Oct 2018, 5:57 am by Nathaniel Sobel
United States (holding that the use of a thermal imager to detect heat radiating from home was a search), United States v. [read post]
17 Oct 2018, 4:19 pm by Cynthia Marcotte Stamer
  Examples of such obligations include the privacy and data security rules of the Fair and Accurate Credit Transaction Act (FACTA), the Internal Revenue Code and other tax laws, federal and state consumer debt and information, electronic crime, data security and identity theft statutes; federal and state trade secret and intellectual property laws; and others, for which violations often equal or substantially exceed the civil monetary penalty liability that commonly arise… [read post]
16 Oct 2018, 9:26 pm by Andrew Hamm
United States, upholding the internment of Americans of Japanese descent during World War II. [read post]
16 Oct 2018, 3:55 pm by Cynthia Marcotte Stamer
Health plans, their employer and other sponsors and fiduciaries, health insurers, health care providers, health care clearinghouses and their business associates should study and learn from the just announced, record-setting $16 million resolution agreement between health insurance giant, Anthem, Inc., to resolve Department of Health & Human Services Office of Civil Rights (OCR) charges that Anthem, Inc. [read post]
16 Oct 2018, 1:40 pm by John Floyd
United States:   “The door of a court is not barred because the plaintiff has committed a crime. [read post]
16 Oct 2018, 8:17 am by Andrew Hamm
Question: You write of Justice John Marshall Harlan’s famous solo dissent in Plessy v. [read post]