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2 Aug 2022, 6:30 am by Guest Blogger
”[6]Those competing visions reflexively drive the interpretive approaches that dictate which history and which traditions to adopt—in Dobbs, a supermajority adopted an originalism that somehow excluded the history of slavery and its ongoing consequences, as well as the Constitution’s Reconstruction Amendments meant to address it, as Professor Michelle Goodwin has powerfully pointed out.[7]And both sides reveal competing accounts of the otherwise agreed-upon common… [read post]
26 Jul 2022, 5:01 am by Eugene Volokh
Or let's take an example of a speech that is not within an existing First Amendment exception, but that would likely be restrictable under intermediate scrutiny, the test adopted by the controlling Alvarez concurrence: Someone files an unsworn complaint with the police department, claiming the police beat him. [read post]
22 Jul 2022, 5:43 am by Bernard Bell
  See In Re Sponsorship Identification Requirements for Foreign Government-Provided Programming, Report and Order, FCC 21-42 (April 22, 2021)(adding subsection (j) to 47 C.F.R. [read post]
11 Jul 2022, 2:50 pm by Josh H. Escovedo
., amateur college sports versus professional sports).[14] The Court affirmed the lower court’s finding of a Sherman Act violation, noting the district court’s finding that not only were the NCAA’s restraints not the least restrictive means of preserving consumer demand, but they also were “patently and inexplicably stricter than is necessary” to achieve the procompetitive benefits the association had demonstrated.[15] Importantly, in rejecting the NCAA’s argument… [read post]
10 Jul 2022, 12:47 am by Frank Cranmer
Colton J upheld the challenge to the current arrangements under the Education and Libraries (NI) Order 1986. [read post]
7 Jul 2022, 2:05 pm by INFORRM
Baker J said that O’Flaherty J in the Supreme Court in Heaney (above) dealt with the right to silence as a corollary of freedom of expression “by reference to Article 40.3.1”, whereas he in fact dealt with it by reference to Article 40.6. [read post]
30 Jun 2022, 3:50 am by Kyle Hulehan
There is no need to rush through a significant re-write of current U.S. cross-border rules. [read post]
29 Jun 2022, 2:22 pm
In any event, the joining of the US delegation to the OEIGWG has (re-)fuelled long smouldering discussions about the prospects of success of the OEIGWG endeavour and the need to explore alternative avenues, such as opting for the treaty design of a framework agreement. [read post]
27 Jun 2022, 12:00 am by Kluwer Patent blogger
It was published just ahead of the meeting of the Administrative Council, 29 and 30 June 2022, in which a decision about the re-appointment of António Campines as EPO president for a second term until 2028 is on the agenda. [read post]
21 Jun 2022, 10:25 pm by Matthias Weller
 74-80 Çaliskan, Yusuf; Çaliskan, Zeynep “2 Temmuz 2019 Tarihli Yabanci Mahkeme Kararlarinin Taninmasi ve Tenfizine Iliskin Lahey Anlasmasinin Degerlendirilmesi”, Public and Private International Law Bulletin 40 (2020), pp 231-245 (available here) (An Evaluation of 2 July 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters) Cardoso, Connor J. [read post]
21 Jun 2022, 3:15 pm by Matthieu Dhenne (Ipsilon)
On the other hand, the states waive the application of Article 31(f) of TRIPS, according to which production under the decision must be primarily for the domestic market, although re-export of products is discouraged. [read post]
21 Jun 2022, 3:15 pm by Matthieu Dhenne (Ipsilon)
On the other hand, the states waive the application of Article 31(f) of TRIPS, according to which production under the decision must be primarily for the domestic market, although re-export of products is discouraged. [read post]