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12 Nov 2020, 8:18 pm
I will have more to say about freedom of speech later, but if this point I want to express appreciation to the many judges and lawyers who stood up to an attempt to hobble the debate that the Federalist Society Foster's move was afoot to bar federal judges from membership in the society. [read post]
14 Sep 2019, 2:10 pm
New Mexico, though, just rejected that rule a couple of weeks ago (in State v. [read post]
9 Oct 2015, 4:15 am
The judge in the family court controls the use of expert evidence, and must give permission for it. [read post]
18 Sep 2006, 8:40 am
***Viral V. [read post]
28 Sep 2023, 9:22 am
Three years ago, in Seila Law v. [read post]
29 Nov 2019, 6:01 am
These goals are rarely achieved with a three-V approach to dispute resolution. [read post]
16 Jan 2024, 12:47 pm
We note, however, that questions about the domain of inquiry—of in-market vs. out-of-market effects—can arise in conduct cases brought under Section 1 of the Sherman Act (as in Ohio v American Express, where the Supreme Court considered both sides of a two-sided transactional platform as a single market) or under Section 2 (as in Aspen Skiing Co., where the Court, considering allegedly exclusionary conduct, held that “it is appropriate to examine the effect of the… [read post]
26 Mar 2017, 9:28 pm
Let us begin with first principles. [read post]
30 Oct 2015, 8:00 pm
From a positive-law perspective, it may be useful to resolve some of the problems that the interpretation and application of Article 2 (9) EIR Recast may give rise to in practice. [read post]
10 Dec 2022, 7:29 am
” Overton v. [read post]
26 Mar 2017, 9:30 pm
Let us begin with first principles. [read post]
2 Feb 2010, 11:25 am
Because they're so useful! [read post]
2 Feb 2010, 11:25 am
Because they're so useful! [read post]
6 Dec 2009, 9:11 pm
Click Here Center for Biological Diversity v. [read post]
27 Mar 2019, 1:00 am
Here is the schedule for the 2019 Health Law Professors Conference. [read post]
16 Sep 2014, 11:40 am
READ PARTS I-V (pp. 101-138 in SSRN version). [read post]
3 Dec 2009, 1:03 pm
"This bill gives our nation's wealthiest families the ability to know exactly what their obligation to the nation that fostered their wealth will be, and it is fair and it is just. [read post]
31 Aug 2011, 10:27 am
In particular, because of the Supreme Court’s recent opinion in AT&T Mobility LLC v. [read post]
10 Jan 2012, 3:30 pm
These are not luxuries—they are essential to maintaining the legitimacy that ultimately helps us defeat adversaries who scorn and yet may also cynically invoke the law for refuge. [read post]
4 Sep 2022, 3:50 am
Partners in firms that grow by acquisition also foster a “my-client” culture in which partners hesitate to share exposure to “their” clients because they want to maintain the “portability” of these clients should they see an opportunity to move up the profitability pyramid. [read post]