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18 Apr 2024, 7:49 pm by Sabrina I. Pacifici
The US Court of Appeals for the 9th Circuit had to grapple with the question of “whether the compelled use of Payne’s thumb to unlock his phone was testimonial,” the ruling in United States v. [read post]
18 Apr 2024, 1:44 pm by Patricia Hughes
Round Two: rehearing by the AHRC; an appeal from the AHRC’s 2020 decision (Amir and Siddique v. [read post]
18 Apr 2024, 12:13 pm by Jon Brodkin
The US Court of Appeals for the 9th Circuit had to grapple with the question of "whether the compelled use of Payne's thumb to unlock his phone was testimonial," the ruling in United States v. [read post]
17 Apr 2024, 9:03 am by Josh Blackman
For those interested in reading further, we discuss the sword-shield dichotomy in Sweeping and Forcing (pp. 389–404); see also Anderson v. [read post]
16 Apr 2024, 9:01 pm by Vikram David Amar
A year ago, almost to the day, my (co-authored) Verdict column focused on the lessons to be learned from a high-profile and boisterous protest by Stanford Law School students at a Federalist Society Speaker Event featuring Judge Kyle Duncan, a conservative Trump-appointed judge on the United States Court of Appeals for the Fifth Circuit. [read post]
16 Apr 2024, 12:25 pm by Lawrence Solum
Here is the abstract: The United States Supreme Court’s notorious decision in AT&T Mobility LLC v. [read post]
16 Apr 2024, 8:41 am by Stephen E. Sachs
Wayfair, the 2018 case which lets states force out-of-state sellers to collect and remit use taxes. [read post]
16 Apr 2024, 6:42 am by Matthew L.M. Fletcher
This Article argues that the generally accepted understanding of Hawaii Housing Authority v. [read post]
15 Apr 2024, 9:01 pm by renholding
” The term “novel charters” appears to mean depository institutions with novel business models, such as providing banking services to lawful but politically controversial businesses like crypto-asset companies1 or attempting to provide retail depositors with the economic equivalent of demand deposit claims directly against a Federal Reserve Bank.2 Just as a 10% tax imposed on paper currency issued by state-chartered banks in the 19th century made them less… [read post]
15 Apr 2024, 12:25 pm by Lawrence Solum
This Article argues that the generally accepted understanding of Hawaii Housing Authority v. [read post]