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2 Jan 2018, 3:12 am by Marty Lederman
      What makes the brief extraordinary, from the perspective of the Office’s usual standards, are two other things:-- First, the SG did not explain why, under the government’s new view, the proper response was not for the defendant agency—the SEC—to change its practices to conform to the government’s new view of what the Constitution requires, rather than (as the SG has urged) for the Court to grant cert. [read post]
2 Jan 2018, 3:12 am by Marty Lederman
      What makes the brief extraordinary, from the perspective of the Office’s usual standards, are two other things:-- First, the SG did not explain why, under the government’s new view, the proper response was not for the defendant agency—the SEC—to change its practices to conform to the government’s new view of what the Constitution requires, rather than (as the SG has urged) for the Court to grant cert. [read post]
31 Dec 2017, 10:36 am by Marty Lederman
 As Marty explained in a recent post, at the October 20 oral argument before the D.C. [read post]
29 Dec 2017, 7:34 am by Ben
The topic had already been subject to nearly 20 references to the CJEU for preliminary rulings, and yes, there would be more from the court in 2017 as the decisions in Filmspeler, C-527/15, and Ziggo, C-601/15 (The Pirate Bay) loomed! [read post]
26 Dec 2017, 9:30 pm by Series of Essays
Daniel When you need help during an emergency, you call 9-1-1—and each of your first responders has a clear role to play and works together to achieve a common goal: ensuring your well-being. [read post]
26 Dec 2017, 7:08 pm by Ben Vernia
On December 21, the Department of Justice announced that during 2017, it had recovered more than $3.7 billion under the False Claims Act. [read post]
26 Dec 2017, 5:19 pm by Eugene Volokh
On September 14, 2017, Defendant wrote in a post titled, "Who Does Yueting Jia Love Exactly? [read post]
26 Dec 2017, 3:23 am
Innovation Brewing, Opposition No. 91215896 (December 20, 2017) [precedential] (Opinion by Judge Susan J. [read post]
25 Dec 2017, 9:39 pm by Marty Lederman
Circuit back on October 20th, and it occurred to me that two further problematic DOJ arguments are also worth flagging.1. [read post]
25 Dec 2017, 1:15 pm by Kevin LaCroix
”   The ATB Blockchain actually did launch, although on September 14, rather than on September 1. [read post]
22 Dec 2017, 12:06 am by Afro Leo
  [20] In Distillers, Trollip JA also had to consider an order similar in form to para 1.2 in the present case. [read post]
20 Dec 2017, 3:11 pm
First, the president defined the parameters of his presidency,that is, his sense of why he was elected to office ("to make America great again" NSS, p. i) and its translation into a broad set of policy principles: "my Administration would put the safe , interests, and well-being of our citizens first. . . we would revitalize the American economy, rebuild our military, defend our borders, protect our sovereignty, and advance our values. [read post]
20 Dec 2017, 12:07 pm by Ilya Somin
In a US presidential election, the chance that any one vote will be decisive is roughly 1 in 60 million. [read post]