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25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
12 Apr 2017, 6:00 am by Guest Blogger
Laura KalmanFor the Symposium on Michael Klarman, The Framers' Coup: The Making of the United States Constitution. [read post]
28 Dec 2013, 6:22 am by Marty Lederman
The plaintiffs in Hobby Lobby and Conestoga Wood argue that federal law compels them to act contrary to their religious obligations, by requiring them to offer (and pay for and administer) employee health insurance plans that include contraception coverage. [read post]
4 Jun 2018, 3:04 pm by Eugene Volokh
Besides damages, Parson also seems to be seeking an injunction ordering Farley not to say anything about Parson; Parson's complaint states, in relevant part (emphasis added), Plaintiff alleges that there exists a likely probability of success on the merits of his claim for libel and/or false light; that irreparable harm and injury to Plaintiffs business reputation, and public confidence will be denied if an injunction is not granted; that it will not prejudice the Defendant to order… [read post]
22 Jan 2016, 10:00 am by Guest Blogger
  Courts instead set out on a program of rights-based inclusion, felling laws that infringed personal freedom and treated different people inequitably, from Brown to Obergefell (and from Buckleyto Fisher). [read post]
16 Mar 2014, 4:34 pm by Jack Pringle
Brown, Supreme Court, May 8, 2013 TakewayThis case marks the first instance in which a South Carolina appellate court has vacated an arbitration award pursuant to S.C. [read post]
17 Oct 2015, 8:47 am by Rebecca Tushnet
        Incompatibility of First Amendment defenses/theories between TM and right of publicity: 9th Circuit cases in which TM claims fail on First Amendment grounds, Brown v. [read post]
2 May 2016, 9:20 pm by Rebecca Tushnet
 Sarah Deutsch, Mayer Brown: Was intentionally broad to cover all kinds of ISPs, hosts, conduits, providers of facilities. [read post]
19 May 2016, 7:45 am
 — to help reestablish public trust after the 2014 death of Michael Brown in Ferguson, Missouri, and the long list of other unarmed black men killed by cops in Anytown, USA. [read post]
10 Dec 2020, 7:44 am by Rebecca Tushnet
Recently appointed Judge Murphy’s concurrence, however, suggested that the statutory language and other rules of construction compelled a different finding: authorship, too, should be subject to the rule of Petrella and the remedies created by a successful authorship claim should merely stretch back only three years. [read post]
23 Aug 2023, 7:45 pm
My remarks, entitled Inside the Cage of the System (制度的笼子里): Standards Setting, National Security Values, Tech Platforms, Regulation, and the Central Contradiction of Legality in the Current Historical Era, suggests how the approaches to contemporary efforts to cage tech platforms (includingh generative AI  systems) within standards-based regulation that are simultaneously national security aligned and embedded within the domains of multi-systemic… [read post]
23 Jan 2023, 4:15 am by Allan Blutstein
I certainly found Judge Brown’s dissent in Price to be persuasive. [read post]
17 Feb 2019, 6:24 pm by Camilla Alexandra Hrdy
I was enjoying some siggi's® yogurt, and noticed, just below the trademark name siggi's®, an interesting piece of trivia: "skyr, that's Icelandic for thick yogurt! [read post]
7 Feb 2023, 6:19 pm by Ben Vernia
When a qui tam action is successful, the whistleblower, also known as the relator, typically receives a portion of the recovery ranging between 15% and 30%. [read post]