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25 Jun 2019, 9:16 am by Justin Sherman, Robert Morgus
Trump (@realDonaldTrump) November 10, 2017   As Robert Williams wrote last year for Lawfare, even the Commerce Department has taken “self-defeating” conceptions of national security that could “open the door for other countries to invoke similarly broad interpretations of national security to justify protectionist policies. [read post]
25 Jun 2019, 3:58 am by Edith Roberts
” At Take Care, Robert Tuttle and Ira Lupu expand on a previous post for this blog on The American Legion v. [read post]
24 Jun 2019, 3:11 pm by Brett Trout
Justices Sotomayor, Breyer, and Roberts all dissented from the majority opinion in that they all believe the offending portions of the Lanham Act should simply be narrowly construed as to apply only to obscene, vulgar, or profane trademarks. [read post]
24 Jun 2019, 3:11 pm by Brett Trout
Justices Sotomayor, Breyer, and Roberts all dissented from the majority opinion in that they all believe the offending portions of the Lanham Act should simply be narrowly construed as to apply only to obscene, vulgar, or profane trademarks. [read post]
24 Jun 2019, 3:11 pm by Brett Trout
Justices Sotomayor, Breyer, and Roberts all dissented from the majority opinion in that they all believe the offending portions of the Lanham Act should simply be narrowly construed as to apply only to obscene, vulgar, or profane trademarks. [read post]
24 Jun 2019, 3:11 pm by Brett Trout
Justices Sotomayor, Breyer, and Roberts all dissented from the majority opinion in that they all believe the offending portions of the Lanham Act should simply be narrowly construed as to apply only to obscene, vulgar, or profane trademarks. [read post]
24 Jun 2019, 3:11 pm by Brett Trout
Justices Sotomayor, Breyer, and Roberts all dissented from the majority opinion in that they all believe the offending portions of the Lanham Act should simply be narrowly construed as to apply only to obscene, vulgar, or profane trademarks. [read post]
24 Jun 2019, 3:11 pm by Brett Trout
Justices Sotomayor, Breyer, and Roberts all dissented from the majority opinion in that they all believe the offending portions of the Lanham Act should simply be narrowly construed as to apply only to obscene, vulgar, or profane trademarks. [read post]
24 Jun 2019, 7:30 am by Guest Blogger
(p. 41)The resulting opinions, Lessig continues, “would inevitably be inconsistent even if all were written in good faith” (id.). [read post]
24 Jun 2019, 6:31 am by Jonathan H. Adler
While many legal commentators and jurists suggest that upholding precedent is a good thing, most all could readily identify precedents that they believe should be overturned. [read post]
24 Jun 2019, 3:55 am by Edith Roberts
” At Take Care, Gillian Metzger remarks that in Gundy, “Chief Justice Roberts joined an extreme [dissenting] opinion that threatens to disrupt a basic and longstanding feature of modern government, unnecessarily undercuts a co-equal branch’s ability to function, and clearly advances a strongly partisan anti-regulatory agenda”; she warns that “if Gundy is any sign of things to come, John Roberts the institutionalist has left the building. [read post]
21 Jun 2019, 2:50 pm by Howard Knopf
The Board’s Chairman, Justice Robert Blair, was scheduled to speak but was reportedly unable to get to Ottawa due to weather conditions in Toronto that morning. [read post]
21 Jun 2019, 12:13 pm by Marci A. Hamilton
A plurality of the Court (Chief Justice Roberts and Justices Alito, Breyer, and Kavanaugh) heavily criticized the Lemon test and introduced for cases such as this one a “presumption of constitutionality for longstanding monuments, symbols, and practices. [read post]
21 Jun 2019, 10:42 am by Amy Howe
But in any event, Thomas continued, prosecutors had good reasons – that had nothing to do with race – for striking the five black jurors at Flowers’ final trial. [read post]
21 Jun 2019, 9:04 am by Ilya Somin
The dissent by Justice Elena Kagan fails to provide any good justification for keeping Williamson County in place. [read post]
21 Jun 2019, 8:41 am by Steve Dickinson
(Paul Samuelson, Paul Krugman) have long argued that it is virtually inevitable developed countries like the United States will have a manufactured goods trade imbalance with developing countries like China. [read post]